Father wins right to take son to US
The Western Cape High Court granted a father’s festive wish to travel to the US for two weeks with one of his two sons, despite the protests of the mother who feared her minor son would not return, reports The Mercury.
The mother was also concerned that without confirmation of a return flight for the 16-year-old minor, together with the father’s encouragement for him to take up residence in the US, that her son may not return to his residence and primary care with her.
Judge Gayaat Da Silva-Salie however, disagreed with the mother’s argument that the court would be in conflict with section 26B of the SA Citizenship Act.
‘The respondent contends that the minor child could be arrested, treated as a visitor, or barred from returning to SA should travel occur without full compliance with passport formalities, and that this court would act unlawfully were it to grant the relief sought. These contentions are legally incorrect. Section 26B applies expressly and exclusively to a major citizen. It does not apply to minor children, does not criminalise a child’s travel, and does not divest a child of SA citizenship by reason of passport non-compliance… Section 26B does not render unlawful a court order authorising international travel involving a minor child, nor does it place this court in conflict with statute where such travel is regulated by appropriate conditions aimed at ensuring compliance with administrative requirements,’ the judgment read.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
