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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I need some advice please. My ex and I have been

Customer Question

I need some advice please.
My ex and I have been for mediation where it was agreed that he would give me permission to relocate to South Africa. We then went to see a Notary and he has signed a document in front of the notary stating that he gives us permission to relocate.
The arrangement was that we would leave now in December.
I have given in my notice at my current residing property and have to vacate the property on the 30th of December we would have left before the 10th anyway so that wasn't a problem.
I have also packed my stuff in boxes and have sold most of my furniture and have someone to buy my car. Basically everything is ready for the move.
When I went to South African Consulate yesterday they advised me that the letter I have with permission from the father is now out of date as they do not accept any letters that is older than 4 months. I have asked the father and he is now refusing to sign another letter. So I was wondering if I can apply for a court order to say that I do have permission. I mean I should have some rights as to packing up my whole life - have job lined up, kids enrolled in school and will be living with my parents until we are more settled.
He is on Supervisory visits which I have agreed to do with him for the time being until we leave. He is also on drugs and drinks excessively (hence the Supervisory). He also doesn't stick to the times and dates of contact with the children as arranged. Surely there must be some way of me getting permission to go on with my life and offering the kids a more stable environment filled with love and less rejection or longing for attention.
Please help me!
Submitted: 2 years ago.
Category: Law
Expert:  Harris replied 2 years ago.
Hi, thank you for your question.
Is the permission to relocate in relation to taking the children with you to South Africa?
Customer: replied 2 years ago.
Yes it is please see below the letter. Please find attached a copy of the mediation agreement too - where it states decisions reached.
Customer: replied 2 years ago.
Expert:  Harris replied 2 years ago.
Were you married to the father when the children were born? If not, is his name on their birth certificates?
Customer: replied 2 years ago.
Yes he is on both children's birth certificates. We got married 24 October 2003 and divorced 25th April 2014, Decree Absolute 10 June 2014. I have attached the children's statement of arrangements. They only live with me and have never stayed over with him as he is on supervisory visits and was only allowed stay over if his sister is present but she refuses to be in the same room as him now.
Expert:  Harris replied 2 years ago.
Thanks. Unfortunately without his explicit consent to the relocation it will be considered child abduction if you take the children to South Africa as he has parental responsibility by virtue of being married at the time of their birth.
However, I would suggest that you consider an urgent application to your local family court for a Specific Issue Order under form C100 in relation to the relocation. You will have to justify the move, show that it is in the children's best interests and that you will be able to support the children there. You will see on the form that there is a requirement for there to have been mediation within the last 4 months - as your mediation concluded over 4 months ago you may be exempt from this requirement under "urgency - unreasonable hardship to you".
It will then be for the Court to decide what is in the children's best interests on all the facts of the case.
Expert:  Harris replied 2 years ago.
Hi, just checking to see if you had any further questions regarding this issue. Please rate positive if you found the information helpful.