A widow had to turn to the Limpopo High Court (Polokwane) to obtain permission for her daughter (16) to travel abroad to represent her school, after the child’s father died in April in Brazil and was unable to give his go-ahead.

A Pretoria News report says the problem arose as the authorities in Brazil are still investigating the death of the father and have thus not yet issued a death certificate.

The child has been invited to participate in an Academic Achiever’s Tour to the US from 19 September for 10 days.

Because it is impossible to obtain his consent as the other guardian, the court had to consider whether to dispense with the requirement for the father’s consent, weighing the child’s best interests against the legal requirement for consent from both guardians for international travel.

The Children’s Act requires that factors such as the child’s age and maturity, her relationship with both parents and the potential impact on her well-being and development be considered.

The court also considered the child’s views on the proposed trip, given that she is 16 and in grade 10.

The court said it had to balance the child’s right to pursue educational opportunities against the principle of joint decision-making by guardians. 

Acting Judge Nathi Gaisa said it would ordinarily require definitive proof of death before dispensing with parental consent, but this requirement must be balanced against the pressing timeframes and the potential loss of opportunity for the child.

The judge believed that if the father was still alive, he would have given the green light for his child to travel abroad.

A report to the court by her school said she was enthusiastic about the trip.

‘This provides insight into the child’s perspective and emotional readiness,’ the judge said, granting the court’s consent for the child’s US trip.

Full Pretoria News report in The Star

Judgment