B.U v C.M and Others (2025/017920) [2025] ZAWCHC 342 (12 August 2025)

B.U v C.M and Others (2025/017920) [2025] ZAWCHC 342 (12 August 2025)

The court found that the First Respondent's conditions for granting consent to the minor child's overseas travel were unreasonable and amounted to a refusal of consent. Despite the First Respondent's assertion that he did not oppose the travel, the conditions he sought to impose were excessive and not aligned with the child's best interests. The court exercised its jurisdiction under section 18(5) of the Children’s Act and section 28 of the Constitution, determining that the Applicant should be permitted to travel with the minor child to the Czech Republic, subject to reasonable conditions that address the First Respondent's legitimate concerns without unduly restricting the child's...

Citation
[2025] ZAWCHC 342
Parties
Applicant: B[...] U[...]; Respondent: C[...] M[...]; Respondent: Director General the Department of Home Affairs: Mr Makhode; Respondent: Minister of the Department of Home Affairs: Dr Schreiber MP
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
12 August 2025
Case Number
2025/017920
Procedural Posture
Urgent Application / Final Order
Outcome
Application granted. The Applicant is permitted to travel with the minor child to the Czech Republic subject to the conditions set out in the order. The First Respondent is compelled to cooperate in rectifying the birth certificate and providing necessary documents. If he fails to comply, his consent is dispensed...
Judges
Njokweni
Legal Topics
Child Travel Consent, Parental Responsibilities and Rights, Best Interests of Child, Mirror Order, Section 18 Children Act, Section 28 Constitution
Family and Children Civil Procedure Child Travel Consent Parental Responsibilities and Rights Best Interests of Child Mirror Order Section 18 Children Act Section 28 Constitution

Case Brief

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Parties

B[...] U[...]

Applicant

C[...] M[...]

Respondent

Director General the Department of Home Affairs: Mr Makhode

Respondent

Minister of the Department of Home Affairs: Dr Schreiber MP

Respondent

Procedural Posture

Urgent Application / Final Order

Legal Issues

  1. 1 Whether a mirror order is warranted in the present circumstances.
  2. 2 Whether the conditions sought by the First Respondent as prerequisites to furnishing consent for the minor child's overseas travel are reasonable.
  3. 3 If such conditions are unreasonable, what conditions would be reasonable to permit the minor child's travel while addressing the First Respondent's concerns for her return to South Africa.

Ratio Decidendi

The court found that the First Respondent's conditions for granting consent to the minor child's overseas travel were unreasonable and amounted to a refusal of consent. Despite the First Respondent's assertion that he did not oppose the travel, the conditions he sought to impose were excessive and not aligned with the child's best interests. The court exercised its jurisdiction under section 18(5) of the Children’s Act and section 28 of the Constitution, determining that the Applicant should be permitted to travel with the minor child to the Czech Republic, subject to reasonable conditions that address the First Respondent's legitimate concerns without unduly restricting the child's...

Court Disposition

Application granted. The Applicant is permitted to travel with the minor child to the Czech Republic subject to the conditions set out in the order. The First Respondent is compelled to cooperate in rectifying the birth certificate and providing necessary documents. If he fails to comply, his consent is dispensed...

Orders

  • The First Respondent is compelled within 10 working days to rectify the minor child's birth certificate, sign and return all requested visa and consent documents, and provide necessary documents for passport renewal and travel.
  • If the First Respondent fails to comply within the stipulated period, his consent for the minor child's travel to the Czech Republic is dispensed with under section 18(5) of the Children’s Act.