Q: Been divorced for 8 years. Dual custody over our 2 children aged 16 and 11 who reside with mother.
Does the law require that the mother has to approach the court for permission to relocate from Gauteng to the Cape?
The test is what is in the best interest of the children.
As a rule, you have a right to relocate with the minor children, unless a settlement agreement or a court order says otherwise. However, if the father objects, you will have to approach a court, and satisfy it that the move is sound.