Travelling or relocating with your child: consent, documents and what to do if the other parent says no

A family holiday abroad, a school tour or a new job in another country can all raise the same question for separated parents: do I need the other parent’s permission to take our child out of South Africa?

In most cases, the answer is yes. This article explains when consent is needed, what documents to carry, and what you can do if the other parent refuses.

Why consent is required

Under section 18(3)(c) of the Children’s Act 38 of 2005, the consent of every guardian of a child is required for:

• the child’s departure or removal from South Africa; and
• an application for a passport for the child.

Section 18(5) provides that this consent is required unless a competent court orders otherwise.

This applies whether the parents are married, divorced or never married, provided both are guardians. It applies to a short holiday as much as to permanent relocation. A parent with primary care does not have the right to travel abroad with the child without the other guardian’s consent, unless a court order says otherwise.

Travel documents for South African children

Home Affairs requirements for children travelling through South African ports of entry have changed over time, and you should always check the current position before you travel. In broad terms, a South African child travelling internationally needs:

• a valid passport;
• a birth certificate reflecting the parents’ details (an unabridged birth certificate). A passport that records the parents’ details may be accepted instead; and
• if the child is not travelling with both parents, a parental consent affidavit from the parent who is not travelling, together with a copy of that parent’s ID or passport and their contact details. Home Affairs guidance has historically required the affidavit to be recently commissioned (not older than four months when presented).

Alternatives to the consent affidavit include:

• a court order granting the travelling parent full parental responsibilities and rights or sole guardianship;
• a court order under section 18(5) permitting the child to travel; or
• a death certificate where the other parent has died.

Additional documents are needed for unaccompanied minors, for children travelling with someone other than a parent (for example, on a school tour), and for children in alternative care. Airlines may also apply their own requirements, so check with your airline before you fly.

When the other parent refuses

Sometimes a parent refuses consent for good reasons, such as a genuine concern that the child will not be returned. Sometimes refusal is used as leverage in a wider dispute. Either way, the travelling parent’s options are:

1. Negotiate. Provide a detailed itinerary, return tickets, accommodation details and contact arrangements. Offer undertakings, such as video calls during the trip.
2. Mediate. A mediator or the Family Advocate can often resolve the dispute without litigation.
3. Apply to court. The High Court, as upper guardian of all minor children, may dispense with the other parent’s consent and authorise the travel or passport application if it is in the child’s best interests. Where the trip is imminent, the application may need to be brought urgently.

When deciding a holiday-travel application, the court typically considers:

• the purpose and duration of the trip;
• the destination, including safety and whether it is a party to the Hague Convention on the Civil Aspects of International Child Abduction;
• the risk that the child will not be returned, and any security offered;
• the impact on the child’s schooling and existing contact arrangements; and
• the reasonableness of the refusal.

Plan ahead. Leaving the application to the last minute increases cost and risk.

Relocation: moving abroad or to another city

Permanent relocation is far more serious than a holiday, because it can fundamentally change the child’s relationship with the other parent.

South African courts apply the best-interests standard in section 28(2) of the Constitution and section 7 of the Children’s Act. In Jackson v Jackson 2002 (2) SA 303 (SCA) and F v F 2006 (3) SA 42 (SCA), the Supreme Court of Appeal confirmed that the child’s best interests are paramount. Courts will also consider whether the relocating parent’s decision is reasonable and genuine (not designed to frustrate contact), and the effect a refusal would have on that parent, and therefore on the child.

Factors courts commonly consider include:

• the reasons for the move and the quality of planning, including employment, housing, schooling and support networks;
• the child’s age, views and attachment to each parent;
• the practical arrangements proposed for maintaining contact with the other parent, and who will pay for travel;
• the impact on the child of being separated from the other parent, siblings, extended family and community; and
• expert evidence, usually from a psychologist or the Family Advocate.

Relocation within South Africa can also require court intervention where it significantly affects contact, although a guardian’s consent is not specifically required in the same way as for removal from the country.

Child abduction

Taking a child out of South Africa without the required consent or a court order can have serious consequences. South Africa is a party to the Hague Convention on the Civil Aspects of International Child Abduction, which is incorporated into the Children’s Act. Where a child is wrongfully removed to, or kept in, another Convention country, the left-behind parent can apply for the child’s prompt return. Return proceedings are summary and do not decide care on the merits. The court asks whether the removal was wrongful and whether any of the limited defences apply.

Practical tips

• Ask early. Request consent in writing well before you book travel.
• Be transparent. Share the full itinerary and return arrangements.
• Put it in your parenting plan. A clause dealing with holiday travel, notice periods and passport custody can avoid disputes each year.
• Keep the documents together. Carry the child’s passport, birth certificate and consent affidavit, plus copies.
• Take advice before relocating. Moving first and asking for permission later can seriously harm your case.

How O’Reilly Law can help

We assist parents with consent affidavits and parenting plan clauses, urgent applications to dispense with consent, passport applications, relocation applications and Hague Convention matters. Contact us as early as possible, particularly if travel dates are approaching.

Related reading: Care and contact under the Children’s Act · Getting divorced in South Africa

This article is general information and not legal advice. Travel document requirements are set by the Department of Home Affairs and may change, so confirm the current position before travelling. Correct as at October 2026.