• Danielle Geldenhuys

Relocation of Families with reference to Minor Children – discussion paper published by the SALRC

Updated: Apr 11


The South African Law Reform Commission published a discussion paper, Relocation of Families with reference to Minor Children at the end of November 2021.


Comments are invited by 31 January 2022.


The proposals of the Commmision include the following:


  • “Co-parents must, prior to relocation, attend mediation in terms of the Family Dispute Resolution Bill, 2020. Issues affecting the children may be discussed and agreed upon in mediation, before the relocation;

  • The term “relocation” must be defined so as to bring clarity as to what kind of move is considered a relocation in terms of the proposed legislation;

  • Relocation must be categorised as follows: (a) national relocation with or without the child; (b) international relocation without the child; and (c) international relocation with the child;

  • A notice of relocation must be served by all persons with responsibilities and rights of care of and / or contact with a child; and

  • An additional list of relevant factors which parties and courts need to consider together with the factors set out in section 7 of the Children’s Act in order to determine if a proposed relocation is in the best interests of a child.”


The discussion paper includes a draft Children’s Amendment Bill, 2021.


View the discussion paper at

https://www.justice.gov.za/salrc/dpapers/dp155-prj100D-RelocationOfFamilies.pdf and the SALRC media statement at:

https://www.justice.gov.za/salrc/media/20211125-dp155-prj100D-RelocationOfFamilies.pdf


Date posted: 13 December 2021

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