| dc.description.abstract | Decisions by primary caregiving parents to relocate after divorce, thereby disrupting the
non–primary caregivers’ right of contact with children or, where both parents have joint
care, the denial of the other’s parental rights and responsibilities to care, give rise to
cases which deal with relocation disputes. My paper deals with the development of
South African family jurisprudence in this area. Since the Children’s Act does not
provide any criteria for cases dealing with relocation I examine the different
jurisprudential approaches/trends taken by our courts in dealing with relocation. I pave
the way forward by making the argument that we need a general consistency in
approach by our courts when dealing with relocation disputes. As our society becomes
increasingly mobile, our courts will be faced with more frequent applications for local
and international family relocations. I conclude by making the recommendation that
despite the Children’s Act, we still need “guidelines” or perhaps a “Relocation Act” which
works in tandem with the Children’s Act. | en_US |
