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Excerpt from Everyone’s Guide to Divorce and Separation by Bertus Preller: Relocating with Children

Everyone's Guide to Divorce and SeparationIn this excerpt from Everyone’s Guide to Divorce and Separation by Bertus Preller, he explains the legalities of relocating to another country or province with children after a divorce or separation:

Relocation disputes between parents are frequently in our courts. Where both parents have guardianship, it necessarily follows that consent will be needed when one decides to relocate with a minor child. It is important to note that there is no section in the Children’s Act that deals specifically with relocation. The closest the Act gets to relocation is a section that deals with the jurisdiction of the court in matters where a child is removed from South Africa.

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