Our expert says:
Family law expert
Your husband can oppose the relocation of the child, for reasons that he is in a better position to provide for the financial needs of the child, where the mother did not have concrete financial arrangements for both herself and the child should they move. Such an opposition shoould be addressed by way of a court application. Altough you have not given me all the fact it seems that the move might not be in the child's best interests but in order to advise properly I will need more information.
The courts consistently apply the criterion that the child's best interests are paramount. What is in the child's best interests, however, depended on the facts of the particular case. In deciding whether or not relocation would be in the child's best interests, the Court will evaluate, weigh and balance a myriad of competing factors, including the child's wishes in appropriate cases. From a constitutional perspective, the rights of a custodian parent to pursue his or her own life or career involved fundamental rights to dignity, privacy and freedom of movement.
Courts are also required to be acutely sensitive to the possibility that differential treatment of custodian and non-custodian parents could, and often did, constitute indirect gender discrimination as it was still predominantly women in South Africa who were the custodian parents. In determining whether the proposed move was in the best interests of the child, the Courts consider the custodian parent's interests, the reasonableness of his or her decision to relocate, the practical and other considerations on which that decision was based, and the extent to which he or she had properly thought through the advantages and disadvantages to the child of the proposed move. The views of a child is also a factor which the Court will take into account.
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