# Legal question - child custody



## coxfamoz (Apr 5, 2010)

Hi there,

Not sure this is the place to ask this question, if not, can you point me in right direction (I realise proper legal advice should be sought and this will be done shortly).

My question is this:

My sister was born in the UK, but became a SA citizen through naturalisation (we lived there from 1976 to 1997). She left SA to return to the UK in 1997 (She is still a UK citizen). She then met and married an SA guy in the UK, although they flew to SA to get married, they were resident in the UK at the time, and they had two children who were born in the UK and who hold UK passports. They returned to SA three years ago, against her better judgement, but for the sake of her marriage she agreed to go. However, the marriage has now broken down and she wants to return to the UK. The problem is that he said he will refuse to give permission to let her take the children back to the UK. Does anyone know where the law stands on this considering that she is a UK citizen, our parents live in the UK, her kids were born in the UK and are not legally SA citizens (if she wants them to be SA citizens, she actually has to apply for it, it is not automatically given). She has no family support in SA at all and wants to return to her home country and to the country where her children were born.

Any advice in the right direction would be greatly associated.

Thanks,

Coxfamoz


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## jojo (Sep 20, 2007)

She needs to consult a experienced international lawyer! But I guess it very much depends on who wins custody of the children, but if they're British and their dad is SA ??

But its too complicated to get clear cut advise from a forum or without knowing all the "ins and outs"

Jo xxx


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## mman (Nov 15, 2009)

I had a friend who was in a very similar position, nether steped down and it ended up in a massive court case.


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## Daxk (Jan 20, 2008)

In short, unless the parent who does not have custody gives consent, the children cannot leave the Country.


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## CarCar (Aug 9, 2008)

coxfamoz said:


> Hi there,
> 
> Not sure this is the place to ask this question, if not, can you point me in right direction (I realise proper legal advice should be sought and this will be done shortly).
> 
> ...


I would contact a British/SA lawyer like Breytenbachs for a telephone consult - have all the details ready and have your/her questions ready. It will cost about pounds 70 but will help her make a more 'educated' decision (worked well for me).

If they were married in SA then the divorce will take place in the South African High court. If the children are dual citizens then they will be treated as SA citizens and can not leave the country without the SA parent's permission. Been through that process myself as my kids are dual. 

However, as I understand it we are talking about British minor children here - not South African. It's a different ball game altogether. 

Find out what treaty arrangements the UK has with SA with regard to the matter.

I think you will find that dad's position is not as strong as he might think it is.

More importantly - once she has the information she needs - consider the value that a real dad ads to a kid's life. It's always much better if mum and dad can agree and get along - be it in SA or UK (or Norway). My kids have lovely holidays in SA now and their dad has a great deal of fun visiting us - all because we came to an agreement.


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