Both my husband and I are South African citizens. We have two children aged 9 and 11yrs. I wish to divorce my husband and immigrate to the UK but I know my husband wont give me permission to take my children. What age do they have to be to leave without his consent?
Province: Kwa-Zulu Natal
As long as the children remain minors (i.e. under 18 years of age), you will require consent from your husband to obtain a passport for them as well as to remove them from the RSA.
If a case can be made that relocating will indeed be in the best interests of the children, which is not always easy, you can approach the court for an order that your husband's consent will not be necessary / replaced by the court.
LLB (Pret). Extensive litigation experience in general civil & family law matters. Debt Counsellor.
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