An unemployed lady has been granted permission to relocate to Australia with her two children, where she has obtained a job, after her ex-husband refused to let them leave the country.
She requested relief from the South Gauteng High Court in Johannesburg after her ex-husband refused to sign the consent paperwork required for her to apply for visas for herself and their children.
The former couple got married in November 2017 and divorced in April 2023.
Before their divorce was finalized in 2022, the mother informed the father that she would like to emigrate to Australia for economic reasons.
She is a quantity surveyor with a BSC Honours Degree in Quantity Surveying, a BCOM Accounting Degree, a Postgraduate Diploma in Management Accounts, and a Property Development Certificate.
She received a job offer in July 2023 to start working in Melbourne in February 2024 while still employed at Enigma, a property development firm where she worked as a development manager.
She notified her children’s father about this and stated that Enigma was implementing wage cuts and retrenchment processes as a result of the poor economic situation.
She was informed of her impending retrenchment from Enigma in early April 2024, and she received her retrenchment package at the end of July.
According to court documents, her new work as a quantity surveyor in Australia will pay her 110,000 AUD per year (more than R1.3 million).
She stated that Switch Design first claimed that she would be expected to begin her position on July 1, 2024. However, they moved the date to January 13, 2025.
She also stated that she already has a place in Australia and will be living in Melbourne with her fiancé, who has a home and has been there for the previous 11 years. They’ve been in a relationship since 2022, but they knew each other before then.
She stated that she has already found the best schools for her children and has determined that her youngest will attend a pre-school located 650 metres away from the residence, while her eldest will attend a main school 400 metres away.
In his response, the former spouse opposed her application, claiming that moving the children would disturb their existing arrangements with him and his extended family.
He stated that it is critical that he promotes the children’s growth and development in areas such as physical and emotional security, intellectual and emotional development, social and cultural development, unconditional love, supportive relationships, stability and consistency, emotional guidance, role modeling, encouragement, and empowerment.
Judge Thifhelimbilu Mudau heard the case and found that the father neglected to file heads of argument in accordance with the high court’s practice directions.
“The respondent (father) has not filed his heads of argument despite being asked to do so by the applicant (mother). The respondent plainly demonstrated scornful disregard for his opponent’s rights in this regard. In exercising its discretion, this court was free to express its displeasure with the respondent’s actions,” said Judge Mudau.
As a result, Judge Mudau ruled in favor of the mother, stating that she does not require the father’s consent to travel with the children.
He stated that the children are welcome to visit their father during the school holidays and that he is also permitted to call them.