When a couple divorces, one parent may choose to relocate to another city or province – or even country. If the relocating parent wishes to take the minor children with them, the courts may be involved. Even where parents share responsibility for the children’s upbringing, relocation is not impossible.
The court will take into account various factors, including the child’s emotional, psychological, and physical wellbeing. In some cases, the court may order psychological evaluations of the children or parents to assess the impact of the proposed relocation on the children’s wellbeing. The court will consider how contact between the children and the non-relocating parent will be maintained. This could include contact visits, communication methods, and how the associated costs will be handled.
The Children’s Act acknowledges the importance of a child’s voice in major decisions affecting their life. The child’s views and wishes must be taken into account, in accordance with their age, maturity, and development stage. The child’s best interests will always be the primary influence on the court’s judgment.
Quick answer: relocating with a child from Durban or KZN
If a separated or divorcing parent wants to move with a child from Durban, Umhlanga, Ballito or elsewhere in KwaZulu-Natal, the decision should be assessed before the move happens. The central question is whether the proposed relocation is in the child’s best interests, and how care, contact, schooling, travel, costs and parental responsibilities will work after the move. Where the other parent is a guardian and consent is required, a parent should not treat relocation as a unilateral logistics decision.
For a Durban or KZN divorce where relocation is part of a wider dispute about children, maintenance, Rule 43 / Rule 58 relief or settlement terms, see our Durban divorce and family-law page. We assist by appointment with the legal strategy and evidence needed before a relocation position is taken.
Durban relocation issue map
| Issue | What must be tested | Related SD Law resource |
|---|---|---|
| Move within South Africa | Schooling, housing, contact, travel costs, distance, family support and the practical effect on the other parent’s relationship with the child. | Child care and contact |
| International move or passport issue | Guardian consent, passport/travel consent, risk of non-return, destination-country arrangements and court relief if consent is refused. | Minor child passports and travel consent |
| Relocation during divorce | Whether interim care, contact, maintenance or legal-cost support should be dealt with through urgent or interim relief. | Rule 43 and Rule 58 interim relief |
| Urgent move or disputed consent | Whether interim relief or a final relocation application is appropriate, and what evidence must be ready before approaching court. | Urgent relocation child court applications |
Evidence to prepare before taking a relocation position
- the proposed new address, school, care routine and support network;
- a realistic contact plan, including holidays, video calls, transport and travel costs;
- the child’s current routine, schooling, health needs and emotional needs;
- the reasons for the move, such as employment, safety, family support or financial stability;
- the likely effect on the other parent’s relationship with the child;
- any existing parenting plan, divorce settlement, court order or guardianship arrangement;
- passport, travel-consent and destination-country information if the move is international.
Official legal context: the Children’s Act 38 of 2005 regulates parental responsibilities and rights, and the Department of Justice explains that section 7 factors guide the court’s best-interests enquiry in matters concerning children. See the Justice Department’s Children’s Act FAQ.
FAQs: relocation, consent and Durban divorce
Can one parent relocate with a child without the other parent’s consent?
It depends on the facts, the existing parental responsibilities and rights, the destination and any court order or parenting plan. Where consent is required and refused, the safer route is to obtain legal advice before moving the child or withholding contact.
What does a court consider in a child-relocation dispute?
The court considers the child’s best interests, including the child’s relationship with each parent, the practical relocation plan, schooling, stability, emotional needs, contact arrangements, travel costs and the reason for the move.
How does relocation fit into a Durban divorce?
Relocation often overlaps with interim care and contact, maintenance, school fees, transport costs, Rule 43 or Rule 58 relief, and final settlement terms. It should be assessed as part of the wider divorce strategy, not as a standalone travel issue.
Contact SD Law if you need help relocating with a child after divorce.
This is one aspect of family law. For comprehensive assistance, consult a family law attorney in Cape Town.
Watch: International Child Relocation | How South African Courts Decide What’s Best for the Child
Related reading:
- Minor Child Passports & International Travel Consent in South Africa – Guardianship, Relocation & Remedies (2026 Guide)
- International Child Relocation South Africa