REGULATION 17 - MOVEMENT OF CHILDREN DURING LOCKDOWN

As at 30 April 2020 – if you intend to transit your children between parents you need to meet certain requirements as set out in Regulation 17 below.

Please note the difference between moving children between parents within the same city and moving children out of the city to another city or between provinces.

If you need to apply for a permit in terms of Form 3 – you need to apply to your local Children’s Court at your local Magistrate’s Court.

You will need to print the following 3 documents (see above links to PDF files for download), complete them and submit them to the Children’s Court clerk:

1.    Application for Movement of Children;
2.    Affidavit for Movement of Children which clearly states the reasons why the permit must be issued. This Affidavit must be signed infront of a commissioner of oaths;
3.    Form 3 Permit ( which will be stamped and authorized if Magistrate is satisfied)

Together with your Affidavit, you need to attach the following documents:
•    Court order of divorce ( if applicable);
•    Endorsed Parenting Plan ( if applicable);
•    Mother and Father Identity documents;
•    Children’s unabridged birth certificates;
•    Proof of residence of mother and father;

“Movement of children
17.          (1) The movement of children between co-holders of parental responsibilities
and rights or a caregiver, as defined in section 1(1) of the Children's Act, 2005 (Act No. 38 of
2005), in the same metropolitan area or district municipality is allowed subject to the following if
the co-holders of parental responsibilities and rights or a caregiver is in possession of—
(a)    a court order; or
(b)    a parental responsibilities and rights agreement or parenting plan, registered with the family advocate
(c)    a permit issued by a magistrate where which corresponds with Form 3 of Annexure A if the documentation in paragraphs (a) and (b) is not available.


(2)    The movement of children between co-holders of parental responsibilities and rights or a caregiver, as defined in section 1(1) of the Children's Act, 2005 (Act No. 38 of 2005), between different metropolitan areas, district municipalities or provinces is allowed if the co-holders of parental responsibilities and rights or a caregiver is in possession of a permit, issued by a magistrate which corresponds with Form 3 of Annexure A.

(3)    Any child who was not at the residence of their primary caregiver before the lockdown period and who could not travel between provinces, metropolitan and district areas during the lockdown will be permitted, on a once-off basis, to return to the residence of their primary caregiver if the co-holders of parental responsibilities and rights or a caregiver is in possession of a permit issued by a magistrate which corresponds with Form 3 of annexure A.


(4)    The household to which the child has to move, must be free of COVID-19.

(5)        (a)       Before a magistrate issues a permit referred to in regulation
17(1)(cJ, he or she must be provided with—

(i)       a birth certificate or certified copy of a birth certificate of the child or children to prove a
legitimate relationship between the co-holders of parental responsibilities and rights; and (ii)       written reasons why the movement of the child is necessary.
(b)       Before a magistrate issues a permit referred to in 17(2) or (3), he or she
must be provided with— (i)        A court order (ii)       a parental responsibilities and rights agreement or parenting plan registered with the family
advocate or (iii)       a birth certificate or certified copy of a birth certificate of the child or children to prove a
legitimate relationship between the co-holders of parental responsibilities and rights; and (iv)      written reasons why the movement of the child is necessary.”

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