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June 11, 2017

Relocating kids from Gauteng to the Cape

A client asked me:

Been divorced for 8 years.  Dual custody over our 2 children aged 16 and 11 who reside with mother. Does the law require that the mother has to approach the court for permission to relocate from Gauteng to the Cape?

I advised him that the test is what is in the best interest of the children.

As a rule, the mother has a right to relocate with the minor children, unless a settlement agreement or a court order says otherwise. However, if the father objects, she will have to approach a court, and satisfy it that the move is sound.

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