For the past three years, an 11-year-old girl from Mpumalanga has lived apart from her mother and siblings, longing for a reunion that seemed just out of reach.
Since her mother accepted a diplomatic role in Mauritius when she was nine, the child has been under the care of her paternal grandparents in Mohlaletse village near Grobersdal in Limpopo, waiting for the day she could join her family.
Now, after an emotionally charged legal battle, the Mpumalanga High Court in Mbombela recently ruled in favour of reuniting the child with her mother and siblings.
This decision grants her the chance to finally leave South Africa and start a new life with her family in Mauritius. And it promises stability, familial love, and the academic opportunities she has missed.
Father refused to give consent for relocation
The mother, who serves as the Third Secretary Administration at the South African High Commission in Port Louis, had to make the difficult decision to move without her daughter after the father refused to consent to the child’s relocation.
Despite the setback, her other children were able to accompany her to Mauritius. They have since settled into family life. These are the children born within her marriage to her current husband.
However, the young girl in question, born out of a previous relationship, remained in South Africa with her paternal grandparents due to legal challenges over consent.
In his judgement, Judge Mpopelele Langa emphasised the principle of the child’s welfare as paramount. He highlighted that the girl’s bond with her mother and siblings must be protected and nurtured.
The judge cited the child’s expressed desire to live with her mother.
Child’s desire to join mother considered
“Although [the child] is still young, her voice is still important in this determination, and cannot be ignored.”
He noted that her preference to be with her mother and siblings was a key reflection. It showed her history and the family environment she has known since early childhood.
The case revealed the complexities of relocation for families where parental consent is divided.
The mother’s other children had been able to accompany her due to the unified consent within her marriage. This allowed them to relocate without obstacles. It left the young girl separated from her immediate family, relying on her grandparents’ care. Her paternal grandparents have lovingly cared for her. However, the separation from her mother and siblings weighed heavily on the child.
The family counsellor and a psychologist both supported the relocation. They expressed concern that the child was missing out on family bonding and educational opportunities abroad.
Judge Langa’s ruling addressed these issues. “In the present case, I am satisfied that the decision by the applicant to relocate is bona fide and reasonable. Considering it was prompted by her getting deployed by her employer in another country.”
Father’s opposition more selfish than considerate
The judge acknowledged the father’s opposition. The opposition was largely based on his feeling of being inadequately consulted. However, the judgement underscored that his refusal to consent lacked substance in terms of the child’s welfare.
“[The father’s] reasons for his refusal… are clearly selfish, as the family counsellor correctly noted,” the judge said. He added that the father’s stance “unfortunately negatively impacts the child.”
The court awarded the father reasonable contact with his daughter. This ensured daily communication through Skype and WhatsApp. As well as overnight visits if he is able to travel to Mauritius. This provision aligns with the judge’s emphasis on maintaining the father’s relationship with the child. In a way that balances her primary needs with family ties.
With preparations underway for the child’s relocation, the family looks forward to the long-awaited reunion. They can finally be together under one roof in Mauritius. The case not only highlights the court’s commitment to the best interests of children. It also underscores the emotional significance of family unity in shaping a child’s future.
