Co-parenting: Further amendments to requirements for the movement of children between co-holders of parental rights and caregivers during the lockdown period

On 23 April 2020, President Cyril Ramaphosa announced the adoption of a risk-adjusted strategy for the easing of the lockdown regulations starting from 1 May 2020.

On 9 May 2020, the Minister of Social Development, Ms Lindiwe Zulu, amended the Directions issued in terms of Regulation 4(2) made under section 27 (2) of the Disaster Management Act 57 of 2020 (“the Directions”).

The new Directions set out the different requirements for:

• the movement of children between co-holders of parental responsibilities and rights or a caregiver within the same metropolitan area or district municipality; and
• the movement of children between co-holders of parental responsibilities and rights or a caregiver between different metropolitan areas, district municipalities or provinces.

The movement of a child or children within the same metropolitan area or district municipality

To be able to move a child or children within the same metropolitan area or district municipality, the parents/caregivers must have one of the following:

• a court order;
• a parental responsibilities and rights agreement or parenting plan, registered with the family advocate; or
• a permit obtained from the Magistrates’ Court if the documentation mentioned above is not available.

When applying for a permit to move a child or children within the same metropolitan area or district municipality, co-holders need to provide the Magistrate with the following:

1. a birth certificate or certified copy of a birth certificate of the child or children to prove a legitimate relationship between the co­holders of parental responsibilities and rights; and
2. written reasons why the movement of the child is necessary.

The movement of a child or children between different metropolitan areas or district municipalities or provinces

The movement of children between co­holders of parental responsibilities and rights or a caregiver, who live in different metropolitan areas, district municipalities or provinces is permitted, but only if the co-holder of parental rights and responsibilities or a caregiver moving the children is in possession of a permit issued by the Magistrates Court.

When applying for a permit to move a child or children between different metropolitan areas, district municipalities or provinces, a co-holder must provide a Magistrate with:

1. a court order;
2. a parental responsibilities and rights agreement or parenting plan registered with the family advocate;
3. a birth certificate or certified copy of a birth certificate of the child or children to prove a legitimate relationship between the co­holders of parental responsibilities and rights; or
4. written reasons why the movement of the child is necessary.

The new amendments confirm that, being in possession of a birth certificate alone is not sufficient for the transportation of a child, even if the child is being moved between co-holders of parental rights and responsibilities within the same metropolitan area or district municipality. Parents/caregivers need to obtain a permit from the Magistrates Court if they do not have a court order or registered parenting plan.

In addition, if the child or children are being moved between different metropolitan areas, district municipalities or provinces, then the parent/caregiver transporting the child/children must be in possession of a permit obtained from the Magistrates Court.

Fasken runs a Pro Bono Family Helpdesk in Partnership with NISAA Institute for Women’s Development and Pro Bono.Org.

This bulletin was prepared by associate Andricia Hinckemann, candidate attorney Thulisile Cingo and edited by Sushila Dhever