Court approves dad's travel plans for child

THE Western Cape High Court has granted a father's festive wish to travel to the US for two weeks with one of his two sons, despite the protests of the mother who feared her minor son would not return.

- CHEVON BOOYSEN

The mother was also concerned that without confirmation of a return flight for the 16-year-old minor, together with the father's encouragement for him to take up residence in the US, that her son may not return to his residence and primary care with her.

The court expressed concern that the trip may potentially cause tension between the 16-year-old and his younger sibling.

Judge Gayaat Da Silva-Salie however, said that the court was satisfied that the travel would be in the best interests of the minor.

The mother opposed the father's court application which was founded on the contention that the proposed travel would be unlawful by reason of alleged noncompliance with South African citizenship and passport legislation.

The court disagreed with the mother's argument that the court would be in conflict with section 26B of the South African Citizenship Act 88 of 1995.

"The respondent contends that the minor child could be arrested, treated as a visitor, or barred from returning to South Africa should travel occur without full compliance with passport formalities, and that this Court would act unlawfully were it to grant the relief sought. These contentions are legally incorrect.