For separated or divorced parents in South Africa, planning an international trip with their child or children can be more challenging than expected. Taking your child or children on holiday after a divorce comes with several legal responsibilities that must be addressed before travelling overseas.
According to South Africa’s Children’s Act 38 of 2005, both parents usually retain joint custody after divorce. This means that written consent from both parents is required for a minor to travel internationally, even for a holiday. The law prioritises the child’s best interests and requires this documentation to prevent child abduction or unauthorised relocation. This applies whether or not the other parent was previously married to you.
At Global Apostille, we regularly help parents to navigate these sensitive issues. We can help you to draft, notarise and legalise a fully compliant travel consent letter in Johannesburg, Pretoria, Cape Town and Durban, allowing children to travel safely with one parent, relatives or friends, or unaccompanied, while ensuring compliance with South African laws and international travel regulations.
Who Has the Right to Take a Child Abroad?
Under South African law, when a child’s parents are no longer living together — whether due to separation, divorce, or the end of a non-marital relationship — both parents may still have custody. This gives you the right to make major decisions about the child’s upbringing, including their education, medical treatment, religion and travel outside South Africa. If both parents have custody, you generally cannot take a child abroad without the consent of the other parent, even for a short holiday.
When is Consent Required?
Consent is typically required when:
- The trip involves leaving the Republic of South Africa;
- The parent accompanying the child does not have sole custody;
- The travel is not covered by an existing court order or parenting agreement;
- Lack of proper consent can lead to legal action, including allegations of wrongful removal or child abduction under the Hague Convention (to which South Africa is a signatory). Even in cases where there is no malicious intent, failure to secure the other parent’s agreement can result in delays at borders control or cancelled trips.
Key Requirements for International travel with Children
- Consent: Both parents must consent to international travel. The non-travelling parent must sign a Travel Consent Letter (dated within 4 months of travel).
- Documentation: You must produce the child’s passport and an unabridged birth certificate showing both parents’ names.
- Relocation: Moving a child out of the country permanently requires either the other parent’s consent or a High Court order.
- If Consent is Refused: If a parent unreasonably refuses consent, the other parent can apply to the High Court under Section 18(5) of the Children’s Act for permission to travel or relocate.
- Sole Custody: If a court order grants you sole guardianship or full parental responsibilities, you may travel without the other parent’s consent.
The importance of Travel Consent Letter
One of the most important documents for international travel with children after divorce is a signed travel consent letter from the non-travelling parent. The letter must clearly state that your ex-partner has given permission for the child to travel abroad.
A good travel consent letter should include:
- The name and passport number of the travelling parent
- The name and passport number of the child
- Dates of departure and return
- Countries to be visited
- A clear statement of the non-travelling parent’s consent, signed and dated
- Contact details of both parents
- Notary signature
- Hague Apostille certificate
When to seek legal advice?
Planning a holiday with your child after a divorce does not have to be difficult. If you are having difficulties with your ex-partner or are unsure about your legal rights, it is advisable to seek advice from a family lawyer or social worker.
How Global Apostille Can Help
We understand that co-parenting across borders—both figuratively and literally—can be complex. Our goal is to support parents in making decisions that keep their children safe, secure, and legally protected.
Need Advice? Contact us today for personalised guidance.
Tel: 012 348 3134;
Mobile: 081 347 6060;
Email: info@apostillelegalisation.co.za
