An unemployed woman has been granted permission to relocate to Australia with her two children, where she has secured a job, following her ex-husband's refusal to allow them to leave the country.
She sought relief from the South Gauteng High Court in Johannesburg after her ex-husband declined to sign the consent forms needed for her to apply for visas for herself and their children.
The former couple married in November 2017 and divorced in April 2023.
Sometime in 2022, before their divorce was finalised, the mother told the father that she wishes to relocate to Australia for socio-economic reasons.
She is a quantity surveyor who holds a BSC Honours Degree in Quantity Surveying, a BCOM Accounting Degree, a Post Graduate Diploma in Management Accounts and a Property Development Certificate.
In July 2023, she obtained a job offer to start work in Melbourne in February 2024, she got the offer whilst still working at Enigma, a property development company where she was a development manager.
She informed the father of her children about this and mentioned that Enigma was effecting pay reduction, retrenchment processes due to declining economic circumstances.
At the beginning of April 2024, she was notified that she would be retrenched from Enigma and she received her retrenchment package end of July 2024.
According to court papers, her new position as a quantity surveyor in Australia, will offer her 110 000 AUD per annum (over R1.3 million).
She said the company, Switch Design, initially indicated that she would be required to commence her employment on July 1, 2024. However, they changed that to January 13, 2025.
She further added that she already has a place in Australia, where she will be living in Melbourne with her fiancé, who has a house and has been living there for the past 11 years. They have been in a relationship since 2022 but have known each other even before that.
She said she already found the best schools for the children and has established that there is pre-school for her youngest which is located 650 metres away from the house and her eldest will be at a primary school which 400 metres away from their home.
In his reply, the former husband opposed her application, saying moving the children will disrupt their current arrangements with him and his extended family.
He said it was crucial that he fosters the children’s growth and development in areas such as physical and emotional security, intellectual development, emotional development, social development, cultural development, the provision of unconditional love, supportive relationships, stability and consistency, emotional guidance, role modelling, encouragement and empowerment.
Judge Thifhelimbilu Mudau heard the matter and noted that the father failed to file heads of argument consistent with the practice directives of the high court.
“The respondent (father) has not filed his heads of argument despite having been called upon to do so by the applicant (mother)... In so doing, the respondent clearly showed a contemptuous disregard for his opponent’s rights in this regard. This court in the excise of its discretion was at liberty, to show its disapproval of the respondent’s conduct,” said the Judge Mudau.
As a result, judge Mudau ruled in favour of the mother and said she doesn’t need consent from the father to travel with the children.
He said the children can visit their father during school holiday and he is also allowed to contact them on the phone.
sinenhlanhla.masilela@iol.co.za
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