Shared custody? Children may be moved between provinces as a once-off

Children of parents who share joint custody may now be moved between provinces.

This was one of the announcements made by the Minister of Social Development, Lindiwe Zulu, as she spoke about her department’s risk-adjusted approach response to the current level of the lockdown.

“Under the new regulations, the movement of children between co-holders of parental responsibilities who reside in different metropolitan areas, district municipalities or provinces is allowed, provided the co-holders of the parental responsibilities or the caregiver has (a): a court order; or (b): a parental responsibilities and rights agreement or parenting plan, registered with the family advocate; or (c): a permit issued by a magistrate which corresponds with Form 3 of the regulations if the documentation (a) and (b) is not available,” the minister said.

These amendments, she said, were made specifically to allow any child who was not at the residence of their primary caregiver prior to the announcement of the lockdown, to return to the primary caregiver.  She pointed out that this movement of children would only be allowed on a once-off basis.

“We also appeal to all parents and caregivers who share joint custody to be reasonable, to act in good faith and to prioritise the health and safety of their children when making decisions about whether children should be moved in the first place,” she said.

Before a magistrate issues a permit, he or she must be provided with a birth certificate or certified copy of a birth certificate of the child or children to prove a legitimate relationship between the co-holders of parental responsibilities and rights and written reasons why the movement of the child is necessary and the court order, a parental responsibilities and rights agreement or parenting plan registered with the family advocate, according to the minister.

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