Mother must agree to child’s overseas trip

Tania Broughton

DURBAN: The father of a three-year-old child has obtained an urgent high court order compelling the child’s mother to give him her written consent to take the child overseas on a 10-day holiday in December.

And if she continues to refuse to do so, the order empowers the Sheriff to sign the affidavit on her behalf.

This case – and another unrelated matter pending – signals that parents are still being forced to resort to expensive litigation in order to comply with new regulations involving travelling with children.

While the regulations are in the process of being amended, the requirement remains that children have to have a full birth certificate bearing both parents names and the written consent to travel of any parent not accompanying the child.

In the application, which came before Durban High Court Judge Themba Sishi, the father – who cannot be named – said the mother, his ex-girlfriend, had verbally consented to the trip.

His parents owned a property in Mauritius and he had approached her about taking the child on holiday there. “She agreed,” he said.

“In March this year, in response to a letter sent by my attorney, she sent an e-mail giving her permission.”

But since then, “for unknown reasons she is refusing to co-operate”.

The judge directed that she sign the affidavit and hand over the passport within 48 hours of the granting of the order.

Should she not comply, the father was given authority to apply to the Department of Home Affairs for a passport.

In a pending matter, a Hillcrest attorney is seeking an order against the Director-General of Home Affairs directing that he issue her 14-year-old daughter’s unabridged birth certificate which she applied for four years ago.