On 29 April 2020, the Minister of Cooperative Governance and Traditional Affairs published the latest Regulations that were issued in terms of section 27 (2) the Disaster Management Act of 2002.
In terms of the Regulations, a child is allowed to move between co-holders of parental responsibilities and rights or a caregiver in the same metropolitan area or district municipality if the co-holders of parental responsibilities and rights or a caregiver is in possession of:
(a) a court order; or
(b) a parental responsibilities and rights agreement or parenting plan, registered with the Family Advocate,
(c) a permit issued by a magistrate where the documentation in (a) and (b) above is not available.
In order for a magistrate to issue a permit, the following documents must be provided:
(i) a birth certificate or certified copy of a birth certificate of the child or children to prove a legitimate relationship between the co-holders of parental responsibilities and rights; and written reasons why the movement of the child is necessary.
A child is allowed to move between co-holders of parental responsibilities and rights or a caregiver between different metropolitan areas, district municipalities or provinces if the co-holders of parental responsibilities and rights or a caregiver is in possession of a permit issued by a magistrate.
Any child who was not at the residence of their primary caregiver before the lockdown period and who could not travel between provinces, metropolitan and district areas during the lockdown will be permitted, on a once-off basis, to return to the residence of their primary caregiver if the co-holders of parental responsibilities and rights or a caregiver is in possession of a permit issued by a magistrate.
In respect of the last two instances, the following documents must be provided for the issuing of a permit:
(i) a birth certificate or certified copy of a birth certificate of the child or children to prove a legitimate relationship between the co-holders of parental responsibilities and rights;
- written reasons why the movement of the child is necessary;
- a court order; and
- a parental responsibilities and rights agreement or parenting plan registered with the Family Advocate.
The Regulations require that the household to which the child has to move must be free of Covid-19.
Parents should continue to adhere to the Regulations and only move a child when it is necessary and should transport a child directly from the one parent to the other with the prescribed documentation.
Written by:
Clint van Aswegen – Partner
For more information please contact Clint van Aswegen on cvanaswegen@bissets.com or via:
Switchboard: 021-441 9800
Website: www.bissets.com
Bissets WhatsApp: 072 370 0416 – our Client Liaison, Tracy, will put you in contact with the relevant professional.