If your matter is part of a broader cross-border divorce (foreign spouse, service abroad, children or assets overseas), start here: International Divorce in South Africa.
Last reviewed: 10 August 2026 against the Children’s Act and current South African government travel guidance.
TL;DR (save time, get clarity)
- Under sections 18(3)(c) and 18(5) of the Children’s Act, all persons who hold guardianship must ordinarily consent to a minor’s passport application and departure from South Africa. A competent court may order otherwise.
- Temporary travel and permanent relocation are different. If all guardians validly consent, relocation does not automatically require litigation; where consent is disputed, the court decides the issue through a child-centred best-interests enquiry.
- If consent is blocked unreasonably, you can seek urgent relief; if one parent is overseas or missing, use substituted/edictal service to move the case forward.
- Keep clear paperwork and verify the current requirements for the child’s nationality, route, airline and destination before travel. The required pack may include proof of parentage, identity documents, consent, itinerary and host details.
Start here: Guardianship • Child Care & Contact • Child Relocation • Child Abduction • International Divorce.
Quick Answers
Who must consent to a child’s passport?
Every person who holds guardianship must ordinarily consent to the passport application, unless a competent court has ordered otherwise.
Who must consent to overseas travel?
All guardians must ordinarily consent to the child’s departure or removal from South Africa, unless a competent court orders otherwise.
What if my ex won’t sign?
First establish whether your ex is a guardian and record the request and response. If required consent is refused or cannot be obtained, seek a focused court order authorising the passport application, departure or both.
Is a consent letter enough?
A consent letter is only one part of the travel pack. Check the current DHA/BMA, airline and destination requirements for the child’s circumstances; supporting proof of parentage, ID copies, contact details or a court order may also be required.
What if one parent is abroad/missing?
If the guardian agrees, use the process prescribed by Home Affairs or the nearest South African mission to complete the required consent. If the guardian is missing or refuses, do not improvise consent: obtain advice on a section 18(5) court order and legally effective service.
Quick route: passport consent, travel consent or relocation?
Quick answer: child passport consent, short international travel and relocation are different legal problems. Passport applications and departure from South Africa ordinarily require every guardian’s consent under section 18. Relocation adds a broader best-interests enquiry about care, schooling, contact, the proposed home and the reason for the move, especially where a guardian objects.
- Passport application: confirm who holds guardianship. Sections 18(3)(c)(iv) and 18(5) of the Children’s Act ordinarily require every guardian’s consent.
- Short overseas trip: prepare written consent, itinerary, passport details and the supporting documents required for the child’s circumstances. Check the current South African government guidance for travelling with children before departure.
- Refusal or missing parent: consider a focused court order rather than informal pressure.
- Permanent move: use the child relocation route, not a simple travel-consent template. Obtain a court order where the required guardian consent is absent or disputed.
- Existing parenting conflict: align the travel request with the parenting plan and care and contact arrangements.
1) The legal idea in one minute: guardianship = consent
Guardianship includes the legal power to consent to a child’s passport application and departure or removal from South Africa. Under sections 18(3)(c) and 18(5), all guardians must ordinarily consent to those steps unless a competent court orders otherwise. Primary care or residence does not, by itself, make a parent the sole guardian.
Helpful SD Law pages: Guardianship, Child Care & Contact (Child Custody).
2) Travel vs relocation: don’t mix them up
- Travel = temporary overseas trip (holiday, school tour, family visit). The solution is a proper consent letter + supporting documents.
- Relocation = a permanent or long-term move abroad with the child. If a guardian objects or required consent is unavailable, obtain a court order after a best-interests assessment of schooling, family ties, contact, practical feasibility and the risk of non-return.
Read next: Relocating with children after divorce and Child Relocation.
3) What documents may be required at the airport?
- Child’s valid passport.
- Proof of parentage, such as a birth certificate or equivalent document, where the current rules for the child’s circumstances require it.
- Consent letter from the non-traveling guardian(s) (signed & dated; validity window).
- Certified ID/passport copies of non-traveling guardian(s).
- Itinerary + host’s address/contacts (if visiting family/friends) and accommodation confirmations.
- Court order (if applicable) authorising travel without the other guardian’s consent.
Use the current official consent format where applicable and carry legible copies of the supporting documents. Requirements can differ for South African children, foreign visa-exempt children, unaccompanied minors and destination countries, so confirm the current Border Management Authority travel advisory, airline and destination rules before travel.
4) When consent is refused (or a parent is unavailable)
If consent is unreasonably withheld, or a guardian is unreachable (abroad, evading, unknown), the court can authorise:
- the passport;
- the departure for stated dates and destinations;
- collection of a passport without the other’s presence;
- and communication arrangements (video calls, trip updates).
Evidence that persuades:
- the purpose of travel (family event, school tour, medical);
- the itinerary and housing;
- return date and tickets;
- safety arrangements;
- impact on schooling and contact;
- any history of blocked contact or parental conflict.
Process outline:
- We draft a founding affidavit (urgent if travel is soon).
- Propose reasonable safeguards (shared itinerary, weekly video calls, return-ticket proof).
- If the other parent is abroad/missing, we use substituted service (in SA) or edictal citation (abroad) so the case is procedurally sound.
- The court can authorise passport & travel and, if appropriate, direct the other parent not to unreasonably withhold consent in future.
Read next: Substituted Service & Edictal Citation (guide) and International Divorce.
5) Templates you can use today
A) Short-trip consent letter (outline)
- Child’s full names, ID, passport, DOB.
- Travel dates, destinations, addresses, flight details.
- Traveling parent’s details (ID/passport).
- Non-traveling guardian’s declaration of consent for (i) travel and (ii) use of passport for those dates.
- Attach the ID, contact and proof-of-parentage documents required by the current official guidance for the child’s circumstances.
We keep our typable version aligned to the current DHA suggested format and validity windows. Ask us to brand & supply a PDF to clients.
B) Practical add-ons
- Medical consent & medical-aid details.
- Emergency contacts in SA and abroad.
- School letter confirming dates (if during term).
6) Court orders: what to ask for (and why)
When one parent blocks travel without good reason, a limited, precise order keeps things calm:
- Authority for the child to depart SA on stated dates with Parent A to Country X and to return by Date Y.
- Authority for Parent A to apply for/collect the passport without Parent B’s signature/presence.
- Direction that Parent B co-operates with visa forms (or authorisation for Parent A to sign on Parent B’s behalf if needed).
- Contact plan while abroad (time-zones, weekly video calls).
- Deeming/alternative service if Parent B is evasive (WhatsApp, email).
7) Relocation: the higher bar (best-interests test)
If you’re moving countries, expect a far deeper inquiry:
- Motivation & planning (work, family support, housing, schooling).
- Feasible contact across borders (holiday blocks, video calls, cost sharing).
- The child’s age, voice and resilience.
- Risks of non-return vs benefits of the move.
- Independent input (e.g., Family Advocate recommendations).
We prepare a robust, child-centred plan; where appropriate, we bring expert evidence proportionate to the case.
Read next: Child Relocation and Child Abduction and International Child Relocation.
8) Real-world scenarios
A) Short school tour; blocked consent
Mother seeks consent for a 10-day hockey tour. Father refuses without reason. Court authorises passport & travel with fixed dates, requires weekly video calls at 19:00, and confirms collection of the passport without father’s presence.
B) Father abroad; unreachable
Mother needs a passport for a family emergency trip. We bring an urgent application with edictal/substituted service, propose video-call updates, and get limited authority for this travel only.
C) Relocation for work
Primary-care parent has a signed employment contract abroad; other parent has meaningful contact. We propose holiday blocks, shared travel costs, and a contact charter. Court authorises relocation with a detailed schedule and a clear process for future consent requests.
9) Checklists
Travel today (no court order needed)
- Current parental consent letter or affidavit, completed within the permitted validity period.
- Copy of the non-travelling guardian’s ID or passport and contact details, plus proof of parentage where required for the child’s route and status.
- Itinerary, accommodation, host letter (if applicable).
- Medical consent & medical-aid card.
If consent is impossible
- Compose a calm request by email/WhatsApp (ask once, give a deadline).
- Gather itinerary, host contacts, school letter, and reasons.
- Ask us to prepare a short, precise application with alternative service if needed.
- Build a contact plan (video calls, photos).
Relocation pack
- Motivation (work/uni/family) + proof.
- School acceptance & housing details.
- Costed contact plan and who pays for flights.
- Child’s views (age-appropriate).
- Family Advocate/independent input (if proportionate).
10) Pitfalls (avoid these)
- Last-minute paperwork → stress at the border; fix it early.
- Sloppy letters (no dates, wrong names) → rejections.
- Assuming sole care = sole guardianship → not the same.
- Threatening to withhold contact if consent is refused → harms your case.
- Treating relocation like a holiday trip → different legal test.
11) Frequently Asked Questions
All guardians must ordinarily consent to a child’s passport application and departure from South Africa. If both parents are guardians, both must consent unless a competent court orders otherwise.
Use the current DHA format and validity period, and also check the airline and destination-country rules. Government guidance currently refers to consent documentation not older than six months in the applicable cases.
If the guardian agrees, follow the Home Affairs or South African mission process for signing the required consent. If the guardian is missing or refuses, obtain advice on a section 18(5) order and appropriate service.
A guardian may raise genuine safety, return or welfare concerns, but refusal is not automatically decisive. A court may order that consent is not required after considering the facts and the child’s interests.
No. Temporary travel and permanent relocation involve different evidence and consequences. A court order is generally required when the necessary guardian consent to relocation is absent or disputed, not automatically when all guardians validly agree.
12) Keep learning
Understanding Child Custody (care, contact, guardianship)
International Divorce (jurisdiction & service)
13) We can help
We advise on consent documents, passport and departure disputes, urgent section 18(5) applications and relocation cases. The remedy should be proportionate, child-centred and procedurally sound.
Call 086 099 5146 or email sdippenaar@sdlaw.co.za for a confidential consult, or visit our contact page to request a call back.
Also see:
- Guardianship
- Child Care & Contact
- Child Relocation
- Child Abduction
- International Divorce South Africa
- International Child Relocation
Resources:
DHA Parental Consent Letter (official format): https://www.dha.gov.za/files/Parental-Consent-Letter_Suggested-Format_v8.pdf
Children’s Act (official text): Children’s Act 38 of 2005
Current government travel guidance: Requirements for travelling with children and the BMA travel advisory.
Section 18(5) refusal-of-consent example: LA v EFV (2024-017275) [2024] ZAGPPHC 213.
Durban/KZN child-relocation note: If passport consent, travel consent or relocation risk arises in a Durban or KwaZulu-Natal separation or divorce, see our Durban divorce and family-law page for appointment-based support.