COVID-19 and Custody in South Africa
What does lock-down during the corona virus mean for parents with children?
The Minister of Social Development amended the Directions issued in terms of Regulation 10 (8) of the Regulations made under Section 27 (2) of the Act Measures to Prevent and Combat the Spread of COVID-19 on 7 April 2020, 16 April 2020 and 29 April 2020.
In terms of the latest amendment on 29 April 2020:
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 court order; or
- a parental responsibilities and rights agreement or parenting plan, registered with the family advocate
- 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.
Regulation 17(2)(c) states that 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.
Regulation 17(3)(c) states that 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. The household to which the child has to move, must be free of COVID -19.
Before a magistrate issues a permit referred where no parenting plan or court order is in place, he or she must be provided with-
- 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
- written reasons why the movement of the child is necessary.
Before a magistrate issues a permit referred to in 17(2) or (3), he or she must be provided with-
- A court order
- a parental responsibilities and rights agreement or parenting plan registered with the family advocate or
- 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
- written reasons why the movement of the child is necessary.
For further advice, contact the family law department of Maurice Phillips Wisenberg - familylaw@mpw.co.za
| lockdown-regulations-16-april-2020__1_.pdf |
| lockdown_regulations_29_april_2020.pdf |
