The judgment from Mudau J handed down in the Johannesburg High Court, wherein the respondent’s consent to a relocation application was dispensed with.
The applicant (mother) brought an urgent application seeking an order to dispense with the respondent’s consent for the relocation of the minor children from South Africa to Australia, where she intends to reside permanently. The applicant, as the primary caregiver, sought relocation for socio-economic reasons, having secured employment in Melbourne after being retrenched. She demonstrated that relocation would provide financial stability and better care for the children.
The respondent initially refused consent and failed to respond to the applicant’s proposal to relocate. His opposition was unjustified and lacked merit. Additionally, the respondent failed to comply with the practice manual’s requirements for filing heads of argument, showing disregard for procedural obligations.
The court found that the facts justified granting the relocation order. The respondent’s consent to the relocation was dispensed with, and the applicant was permitted to remove the minor children from South Africa to reside permanently in Australia.