Biff’s consent needed for Ireland move

In a recent article, Graeme Smith’s estranged wife Morgan Deane told the Irish Mirror newspaper she plans to move back to Ireland with her kids. She believes that Smith has enough money to visit the children in another country.

However, according to Gillian Lowndes, family law specialist and partner at Lowndes Dlamini & Associates, the move can only happen with Smith’s consent. Lowndes explains that in South Africa, all legislation about the contact a divorced parent has with their child is covered in the Children’s Act of 2005.

“In terms of the Act, no parent can move outside of South Africa without first getting consent from their ex-spouse,” says Lowndes. “If they don’t, there are severe legal consequences. However, in return the remaining parent must be able to show that they have good reason for withholding consent if they decide not to give it. If this becomes a deadlock, either parent can institute an application in court.”

If this occurs, the court will have to decide what will be in the best interests of the kids.

“The court will use the ‘best interests of the child’ standard to make a decision either way, taking into consideration a number of criteria,” says Lowndes. “The criteria range from the nature of the relationship between the child and their parents to the parents’ attitude towards their child and how they exercise their responsibility, as well as their capacity to provide for his or her emotional and intellectual needs.”

A number of other factors will also be weighed up, including the relocating parent’s motives for moving the children.

“The Children’s Act’s child-centred focus also gives the child themselves the chance to take part in decisions that are made about them. No court will grant an order without parents first consulting their child in a way that is appropriate for their age. All views expressed by the children are assessed in terms of their age, maturity and developmental stage,” says Lowndes.