Martin Vermaak Attorneys on Child Passports and Travel

SANDTON, October 2026. Martin Vermaak Attorneys, the South African divorce and family law firm with offices in Sandton, Pretoria, Umhlanga and Cape Town, is helping separated and divorced parents prepare for the December school holidays by explaining how consent works when a child needs a passport or is due to travel abroad. With many families finalising year-end plans in October, the firm is encouraging parents to resolve consent questions early rather than days before a flight.

For families where both parents live together and agree, a passport application is usually routine. For parents who have separated, divorced or never lived together, it can become a point of conflict. One parent may want to take the children to visit relatives overseas, while the other is unwilling to sign, cannot be reached or does not attend the application. Martin Vermaak Attorneys regularly sees how these disagreements surface at the busiest time of the year.

Who has to consent

Under section 18 of the Children's Act 38 of 2005, consent to a child's passport application forms part of the responsibilities and rights of guardianship. Section 18(5) sets the default rule: where more than one person holds guardianship, the consent of all guardians is required, unless a competent court orders otherwise.

The firm stresses that the real question is not simply whether both parents agree, but who legally holds guardianship of the child. That answer can depend on the circumstances of the child's birth, section 21 of the Children's Act, adoption, a parental responsibilities and rights agreement, a parenting plan, a court order, the death of a guardian, or an order granting sole guardianship. Where only one person holds guardianship, there may be no second guardian whose consent is required.

A passport is not permission to travel

One of the most common misunderstandings the firm addresses is the idea that a passport settles everything. It does not. South African law treats three questions separately: whether the child may obtain a passport, whether the child may leave South Africa for a particular trip, and whether the child may relocate permanently to another country.

Consent to the passport application falls under section 18(3)(c)(iv). Consent to the child's departure or removal from South Africa is dealt with separately under section 18(3)(c)(iii), alongside current travel document requirements. A permanent move abroad involves a broader relocation enquiry focused on the child's best interests. A parent may obtain an order allowing a passport application and still need separate consent or court relief before taking the child out of the country.

For parents planning a December trip, this distinction matters. Securing a passport in October is only part of the preparation. The travel consent for the particular trip needs to be in place as well.

When consent is refused

The Children's Act recognises that guardians may disagree, and section 18(5) allows a competent court to order that the consent of all guardians is not required in the circumstances. Depending on the facts and the relief sought, a court may direct a guardian to cooperate or sign documents, order that a guardian's consent is unnecessary, dispense with a guardian's presence at the passport application, authorise another person to complete a procedural step, or impose safeguards and conditions.

Not every refusal calls for immediate litigation. The experienced divorce lawyers at the firm typically begin by establishing whether the person refusing is legally a guardian, what the existing orders or parenting plan say, and what the practical obstacle really is. The wording of any court order matters, because it needs to address the specific problem that prevents Home Affairs from processing the application.

Holidays versus relocation

The firm also helps parents distinguish a holiday from a move. A relocation within South Africa, such as a move from Johannesburg to Cape Town, does not automatically require the other parent's consent under the Children's Act. Section 31, existing court orders, parenting plans and the child's best interests still apply, particularly where the move will change schooling, routines or contact.

A permanent move outside South Africa is different. The necessary guardian consent will ordinarily be required for the child's removal from the country, and if consent is refused, appropriate court relief may be needed. Courts may consider the proposed country, schooling, accommodation, contact with the parent remaining in South Africa, travel costs and the overall relocation plan.

Part of a wider family law practice

Passport and travel questions often arise alongside other matters. Martin Vermaak Attorneys has more than two decades of experience in divorce and family law, and its divorce attorneys handle contested, uncontested and high-net-worth divorces, international divorces, child custody and parental responsibilities and rights, spousal and child maintenance, and domestic violence and protection orders.

The firm's family law lawyers also assist with antenuptial agreements, changes to a matrimonial property regime, notarial services, and estate planning and administration. Its approach is to give clear, structured guidance so that clients understand their rights, their obligations and the legal processes open to them under South African law.

For parents who expect a disagreement over December travel, the firm suggests acting early. Gathering the existing court orders or parenting plan, confirming who holds guardianship and raising the travel plan with the other parent well before the holidays gives everyone time to reach agreement, or to approach a court if that becomes necessary.

Offices across three provinces

The firm's head office is at The Station, 63 Peter Place, Bryanston, Sandton. It also has offices at Brooklyn Bridge Office Park in Pretoria, Ridgeside in Umhlanga and Wale Street in the Cape Town city centre, serving clients across Gauteng, KwaZulu-Natal, the Western Cape and beyond. Private consultation rooms at selected venues in Gauteng, Cape Town and KwaZulu-Natal are available by appointment.

Parents who would like to speak to family lawyers about passport consent, holiday travel or relocation can request a free, no-obligation callback through the firm's website. The information in this release is general and is not legal advice for any individual matter. More information is available at https://www.martinvermaak.co.za/.

About Martin Vermaak Attorneys

Martin Vermaak Attorneys is a South African divorce and family law firm with more than two decades of experience. The firm handles contested, uncontested and high-net-worth divorces, child custody and parental rights, spousal and child maintenance, domestic violence and protection orders, antenuptial agreements and changes to a marital regime, and estate planning and administration. It has offices in Sandton (Bryanston head office), Pretoria, Umhlanga (Durban) and Cape Town.

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Martin Vermaak Attorneys
Email: clientrelations@martinvermaak.co.za
Phone: +27 87 822 1639
Website: https://www.martinvermaak.co.za/