Parental leave
2 April, 2026
What Separated Parents Must Know Before the Holidays
As South Africans prepare for the December holidays, many parents plan trips abroad with their children. However, for separated or divorced parents, travelling internationally can raise legal challenges if the other parent refuses consent.
Section 18(3)(c)(iii) and (iv) of the Children’s Act 38 of 2005 provides that a parent or guardian must consent to a child’s removal from the Republic and to a passport application. Section 18(5) confirms that, unless a competent court orders otherwise, the consent of all guardians is required.
If one parent unreasonably withholds consent, the travelling parent can apply to the High Court on an urgent basis to dispense with such consent. Recent judgments such as LA v EFV (2024 ZAGPPHC 213) and BU v CM (2025 ZAWCHC 183) confirm that the Court can authorise travel where refusal is contrary to the child’s best interests.
Parents are encouraged to obtain written consent early, ensure valid documentation, and seek legal advice promptly if consent is withheld. Contact our office for guidance or urgent assistance in obtaining a court order authorising travel.
