Travel with child- can i do this without my husbands permission
Good day, my husband and I are living separately and I will be filing for a divorce and would also want to get full custody of my child who will turning one in December this year. My husband is unable to support me financially or emotionally and cannot provide to the fullest for my child ( JUST BUYS HER MILK AND DIAPERS MONTHLY). I am currently living on my own (renting) and taking care of myself, my child and my pensioner parents. I am wanting to travel to the states for a brief holiday/reunion with my family (siblings) for the festive period but my husband will not permit this nor will he apply for our baby’s passport so I am forced to spend the holidays alone with just my child. Is there any way I can still travel abroad with my baby without my husbands permission?
You see, in June of 2015 to be precise, the requirement that all minor children require the consent of both parents when traveling in or out of South Africa was effected. The consent of your son’s father is unfortunately required even after divorce. Same is also required during passport application on behalf of your child at the department of home-affairs
What you can do is to approach the children’s court (also known as family court) and apply for an order to exclusively grant you full parental responsibilities and rights, or full legal guardianship of your child. If your application is successful, then your husband’s consent in respect to your child is dispensed. Thank you.