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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34898
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I'm travelling to South Africa on 14 December with my 2 boys

Customer Question

Hi there
I'm travelling to South Africa on 14 December with my 2 boys ages 16 and 14. I have been divorced since 2008 and as it was reasonably amicable we do not have a court order giving me sole custody as we have always assumed the boys live with me and then see their dad every other weekend and we share the holidays.
The S Africa home affairs page states I will need a court order granting full parental rights and responsibilities, not to mention unabridged birth certificates etc (I have the latter).
Please advise as I am very short on time to get this sorted!
Many thanks
Submitted: 4 months ago.
Category: Family Law
Expert:  Clare replied 4 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Is the trip just for a holiday and has their father agreed to it?

Customer: replied 4 months ago.
It’s a holiday and yes he has agreed to it
Expert:  Clare replied 4 months ago.

Then what you need is this (and this is a direct quote from the regulations)

  • In the case of divorce, where custody of a child/children is shared, parental consent by non-travelling parent is required. The consent should include full contact details and copies of the identity documents or passports of the non-travelling parent or legal guardian of the child

I hope that this is of assistance - please ask if you need further details

Expert:  Clare replied 4 months ago.