IN THE HIGH COURT OF SOUTH AFRICA
[PROVINCE/DIVISION NAME]
Case No.: [Insert Case Number]

In the matter between:
[APPLICANT FULL NAME] (Applicant)
(Identity Number: [Applicant ID Number])

and

[RESPONDENT FULL NAME] (Respondent)
(Identity Number: [Respondent ID Number])

(For the relocation of the minor child to [Destination Country])

1. Urgency

Condoning the Applicant’s non-compliance with forms, service and time periods provided in the Uniform Rules of this Honourable Court and permitting this application to be entertained as a matter of urgency in terms of Rule 6(12) of the Rules of Court.

2. In the event this application is not opposed:

• The Respondent’s consent is not required for the departure of the minor child, [Minor Child Full Name], with identity number [Minor Child ID Number], from the Republic of South Africa, and to relocate to [Destination Country], as provided for in section 18(5) of the Children’s Act 38 of 2005.
• The Respondent’s consent is not required for the return of the minor child to South Africa for visits.
• Should any situation arise, whilst the minor child is residing in [Destination Country], or in any other country, where the consent of the Respondent is required in relation to any aspect of the minor child (medical, educational, passport renewal, travelling, etc.), then in such a case, the Respondent’s consent is not required.

2.4. Primary Residency

The minor child shall reside with the Applicant, who shall be the primary caregiver.

2.5. Contact Arrangements

• Virtual Contact: The Respondent may contact the minor child via Skype or telephone on any day during the week at a pre-arranged time.
• Special Days: The Respondent shall have contact on the following days via Skype or telephone:
  • Christmas Day
  • Father’s/Mother’s Day
  • The minor child’s birthday
  • Respondent’s birthday
• Physical Contact: The Respondent shall have reasonable contact should they visit [Destination Country].
• Visits to South Africa: If the minor child visits South Africa, the Respondent shall have contact for no less than 7 days during such visits. Specific times and periods will be agreed upon by both parties.

2.6. Decision Making

The Applicant shall solely make decisions about the following aspects of the minor child’s life while residing in [Destination Country]:

• Major decisions about schooling
• Major decisions about physical care, mental health care, and medical care
• The Applicant shall keep the Respondent informed about any decisions taken.

2.7. Parenting

• The Applicant shall rear the minor child in an environment conducive to their best interests and well-being.
• The Applicant shall ensure all the needs of the minor child are attended to.
• The Applicant shall ensure the minor child is in a wholesome environment free from abuse.
• The Applicant shall advise the Respondent of any change of living address in [Destination Country].

1. THE APPLICANT

I am an adult [gender], age [age], with South African identity number [Applicant ID Number], the Applicant in this matter. The facts contained herein are within my own personal knowledge and are both true and correct, unless the context indicates otherwise.

I reside at [Applicant Address]. Here I reside with my two minor children referred to below. I am employed as [Job Title] at [Company Name].

2. THE RESPONDENT

The Respondent in this matter is [RESPONDENT FULL NAME], an adult residing at [Respondent Address]. The identity number of the Respondent is [Respondent ID Number]. To the best of my knowledge, the Respondent is employed at [Respondent Employer].

3. THE MINOR CHILD

The minor child this application relates to is [Minor Child Full Name], with identity number [Minor Child ID Number]. The child is currently [age] years old and resides with me as the primary caregiver.

4. THIS APPLICATION

This affidavit supports an application for an order allowing the minor child to relocate to [Destination Country] without the Respondent’s consent and outlines future parental responsibilities and rights.

5. RELOCATION TO [Destination Country]

I intend to permanently relocate with my children for a better life, improved education, and job opportunities. The relocation is in the best interests of the minor child.

6. REASONS FOR RELOCATION

• Safety and security in [Destination Country]
• Better education and free healthcare
• Improved job opportunities and economic stability
• Higher standard of living and overall well-being

7. URGENCY

This application is urgent as delays will prejudice the minor child’s best interests and my ability to secure permanent residency and employment in [Destination Country].

8. PRAYER

I respectfully request an order as outlined in the Notice of Motion, dispensing with the Respondent’s consent and granting the relief sought.