B.M.S v J.N.W (2024-110526) [2025] ZAGPJHC 112 (10 February 2025) (1)
Judgement by Abro AJ in the JHB HC regarding the relocation of minor children.
The parties are parents to the two minor children B and M. The applicant is the children’s mother. The respondent is their biological father. Whilst the parties were never married to one another, they are co-holders of full parental responsibilities and rights in respect of the children. The applicant sought the court’s approval to relocate with the children to Cape Town, where she had secured employment and a stable living environment, and to ensure the children’s enrolment in a school in Cape Town, as they had already moved there. The respondent opposed the relocation. The central issue was whether the relocation of the children to Cape Town with the applicant was in their best interests, considering the respondent’s opposition and the history of conflict between the parties.
The court rejected the respondent’s arguments, as his opposition was found to be primarily about maintaining control rather than the children’s welfare. The applicant’s decision to relocate to Cape Town with the children for better employment opportunities and to be closer to her family and support system is reasonable and bona fide. It is in the best interests of the children that they remain primarily in her care. This was confirmed by both Prof Pretorius and Dr Roux.
The applicant’s request was granted.