CREDITS
By Ockert Vermaak
In South Africa, crossing borders with a minor involves more than just packing bags and securing travel arrangements.
It necessitates a legal consideration that is paramount to the well-being and safety of the child.
When it comes to international travel, obtaining written consent from both parents is a critical aspect of the process.
South African law places a high value on the rights and responsibilities of both parents in the upbringing of their children.
This extends to travel arrangements, especially when crossing borders. According to the Children’s Act, Act 38 of 2005, no person may remove a child from the country without the consent of both parents or the court’s approval.
This legal requirement is designed to ensure that decisions regarding a child’s travel are made with the best interests of the child in mind.
Dual parental consent helps prevent situations where one parent, either willfully or maliciously, removes a child from the country without the knowledge or agreement of the other parent.
To navigate this process, it is advisable for parents to communicate effectively and plan ahead.
Initiating an open and transparent discussion regarding travel plans and obtaining written consent from the non-traveling parent is a responsible and legally compliant approach.
In the event that obtaining consent from the non-traveling parent proves challenging, seeking legal advice or obtaining a court order may be necessary.
Do not waste time approaching court, as it can be detrimental to your travel plans.
In conclusion, when it comes to crossing borders in South Africa with a minor, obtaining dual parental consent is not just a legal requirement; it is a fundamental step towards ensuring the child’s safety and well-being.
By prioritizing open communication and legal compliance, parents can contribute to a smoother travel experience and safeguard the best interests of their children.
