Ford v Ford [2004] 2 All SA 396 (W)

Main Issue: Application by custodian parent of young child for leave to remove child permanently from South Africa – child strongly bonded to both parents – interests of child first and paramount consideration.

Findings: An application by custodian parent of young child for leave to remove child permanently from South Africa to England was made. The courts held that the appellant’s decision to relocate was ill-researched and precipitate and that, in the light of an agreed opinion of experts called by the parties that the child’s interests would be best served by remaining in South Africa, the move would be prejudicial to her emotional and psychological well-being. It was, however, pointed out by the Court that the refusal to grant the appellant leave to relocate with her daughter was not immutable and that, should the circumstances be right, she may well be in a position to obtain such leave in the not too distant future.

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