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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