The British father and the Zimbabwean mother and their children have permanent residence in
South Africa. The parents are no longer together and the father decided to go
and work in Manchester. He has been there for a while now, working, but he
wants his children to join him. The twins spent two weeks in the UK for a
holiday and they said they enjoyed their stay.
But the judge sitting in the Western Cape High Court said
the children must stay in South Africa. He said they might be disappointed by
this decision, particularly given their fantasy view of life in the UK. “But I
am persuaded that, as difficult as this is, it is the correct one to make.”
The mother does not want her children to move to the UK and
this forced the father to go to court.
The parties had been sharing custody, with the children
alternating between their mother’s and father’s homes every two weeks, and
later on a week on, week off basis. The children adapted to the arrangement and
became comfortable, until the father left for the UK recently. The father said
it would be best for the children to live in the UK, as he could take better
care of them than the mother could.
A social worker said it was crucial the children had regular
contact with the mother if a relocation was granted. But the judge said the
mother lacked the financial resources to travel to the UK regularly basis. The
father said if he did not have to pay maintenance, he could save money to allow
the children to visit their mother once a year. He could then also pay for her
to come and see them in the UK once a year.
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