Case study

Helping a Mother Secure Permission to Relocate to South Africa With Her Child 

International child relocation cases can be emotionally challenging and legally complex, particularly when parents cannot agree on arrangements for their child’s future. 

We acted for a mother who wished to relocate from England to South Africa with her daughter following the breakdown of the parents’ relationship. The father opposed the move, and the matter became part of ongoing High Court children proceedings. 

Alongside the relocation dispute, there had already been difficulties between the parents regarding holiday arrangements, travel information, and concerns surrounding the child’s passport and overseas travel plans. 

Our client wanted to relocate to South Africa to provide her daughter with improved educational opportunities, a more stable home environment, and the support of close maternal family members living there. 

Finding a Practical Solution 

The key issue for the court was whether relocating to South Africa would be in the child’s best interests. 

At the same time, it was important to ensure the child maintained a meaningful relationship with her father after the move and that any arrangements made by the English court could also be recognised and enforced in South Africa. 

Through careful negotiation and preparation, we helped the parties reach an agreement during a High Court settlement conference, avoiding the stress, delay and expense of a fully contested final hearing. 

The Outcome 

We successfully secured permission for the mother to relocate permanently to South Africa with her daughter. 

The agreement included: 

  • the child living with her mother in South Africa; 
  • both parents continuing to share parental responsibility; 
  • a detailed contact arrangement for the father during school holidays, including Christmas, Easter and overseas visits; 
  • daily video and telephone contact between the child and the other parent; 
  • clear arrangements for passports, travel information and itineraries; and 
  • safeguards to help ensure the arrangements could be recognised and enforced in South Africa through a mirror order. 

A further consent order was approved allowing the relocation to proceed in time for the start of the South African school year. 

Supporting Families in International Child Relocation Cases 

International relocation cases are about far more than simply obtaining permission to move abroad. Courts must be satisfied that a child’s welfare will remain protected after the move, including maintaining relationships with both parents and ensuring practical arrangements are in place for the future. 

This case highlights the importance of detailed preparation, realistic proposals and constructive negotiation in resolving international family disputes. 

For our client, the outcome provided certainty, stability and the opportunity to begin a new chapter with her daughter in South Africa while preserving the child’s relationship with her father. 

Need Advice About Relocating Abroad With a Child? 

If you are considering relocating internationally with your child, or are involved in a dispute regarding overseas relocation or cross-border child arrangements, our experienced Family Law team can help. 

We regularly advise clients on: 

  • international child relocation applications; 
  • disputes about relocating abroad with a child; 
  • cross-border child contact arrangements; 
  • parental responsibility issues; and 
  • international family law matters. 

To speak to our team, call 01244 312306 or email law@oliverandco.co.uk. 

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