A mother resorted turned to court seeking an order compelling the father to consent to the permanent relocation of their children aged 7 and 9. Picture: Succo/Pixabay
Johannesburg - A Joburg father has had to reluctantly accept his ex-wife’s decision to relocate to Australia, her native country, with their minor daughters.
The mother resorted to the South Gauteng High Court in Joburg to seek an order compelling the father to consent to the permanent relocation of the children aged 7 and 9.
This followed months of trying to persuade him to agree, to no avail. The parents cannot be named to protect the identity of the children.
Judge Mpostoli Twala ruled that the father’s concerns about the relocation be addressed before he can consent.
After some quizzing by Judge Twala, the father, who represented himself, conceded that the relocation could be the best because the mother’s only support system was in Australia.
He had struggled to agree to the relocation because of the bond he had with the children, he said.
He also had concerns about shouldering the costs of travelling to Australia to see his daughters.
The father revealed that though the daughters stayed with the mother, the custody agreement allowed him to see the children every day.
“I actually fetch them from school and they’re allowed to stay with me until 5 o’clock every day. We spend a lot of time together.”
Judge Twala interjected and asked if he had considered the circumstances that pushed the mother to relocate.
“I fully understand, I love my daughters as well,” Judge Twala said. “But here we’re faced with a situation where the mother will … get more support from her family in Australia, which I believe would be to the benefit of the children.”
Replying, the father said: “Yes I do understand that it would be a better opportunity for them. But there are concerns from my side as well.”
There was also an exchange between the two men over whether the daughters could be separated from either parent.
Said Judge Twala: “My concern is I wouldn’t want to separate a 7 and a 9-year-old from their mother.”
The father retorted: “But would you be prepared to separate them from their father?”
Karabo Motsamai, counsel for the mother, told the court she had discussed the relocation with the father since May 2020. The matter was now urgent because she needed to take advantage of the Australian government’s offer to pay for citizens to return to the country, Motsamai said.
She had until March 30 to do that and only the father’s consent blocked her, Motsamai said.
“If that application expires, the applicant will be in a dire financial situation because she would not be able to pay for the flights for her and the kids,” Motsamai told the court.
Appreciating that the children should continue having a relationship with their father, the mother offered to pay for their trips to visit South Africa twice a year, Motsamai said.
She was also committed to providing free accommodation to the respondent when he visits Australia.
“Also, today we’re living in the digital space. The respondent will be able to have digital access to the kids,” said Motsamai.
Judge Twala reminded Motsamai that the father’s difficulties involved financing his trips. “It’s not cheap to travel to Australia. Now how can he be met halfway?” he asked.
In the end, Judge Twala ordered that the father and Motsamai should talk about his travelling costs. Motsamai would then draft an order.
“If you’re happy with it, you both come back to me and we’ll make it an order of court,” Judge Twala told the father.
The father agreed.
The Star