K.S.C v D.D.M and Another (2023/02208) [2023] ZAGPJHC 537 (21 May 2023)

K.S.C v D.D.M and Another (2023/02208) [2023] ZAGPJHC 537 (21 May 2023)

The court found that the applicant had made out a case for relief. The father's refusal to sign the consent form was not based on substantive objection to the trip but rather a reluctance to participate in the process. The WhatsApp messages indicated no genuine opposition to the travel. The court considered the best interests of the child and the absence of any valid reason for withholding consent. Accordingly, the court granted the order permitting the applicant to travel.

Citation
[2023] ZAGPJHC 537
Parties
Applicant: K.S.C; Respondent: D.D.M; Respondent: Department of Home Affairs
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
21 May 2023
Case Number
2023/02208
Procedural Posture
Urgent Application / First Instance
Outcome
Order granted permitting the applicant to travel without the father's written consent.
Judges
GC Wright
Legal Topics
Parental Consent for Travel, Minor Child Rights, Urgent Interdict
Family and Children Parental Consent for Travel Minor Child Rights Urgent Interdict

Case Brief

Summary, issues, holding and outcome

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Parties

K.S.C

Applicant

D.D.M

Respondent

Department of Home Affairs

Respondent

Procedural Posture

Urgent Application / First Instance

Legal Issues

  1. 1 Whether the applicant, a minor, may travel internationally without the father's written consent.
  2. 2 Whether the father's refusal constitutes a valid objection to the trip.
  3. 3 Whether the court should grant an order permitting travel in the absence of paternal consent.

Ratio Decidendi

The court found that the applicant had made out a case for relief. The father's refusal to sign the consent form was not based on substantive objection to the trip but rather a reluctance to participate in the process. The WhatsApp messages indicated no genuine opposition to the travel. The court considered the best interests of the child and the absence of any valid reason for withholding consent. Accordingly, the court granted the order permitting the applicant to travel.

Court Disposition

Order granted permitting the applicant to travel without the father's written consent.

Orders

  • The applicant is permitted to travel to Dubai for four days with her mother without the father's written consent.
  • Order issued in terms of X.