relocating

Hi... i just want to find out something... i have been a single mom now for 5 months and i am also unemployed.. struggling to find work here and my daughter's family are now threatening to take because of my unemployed ass... so i wanna find out.. if i find work in another city like for instance cape town or durban and i relocate.. do i need permission from my daughter's father to be able to take her with? or can i just move and then let him know..? and no, i am not doing this to spite anyone but i have to find work at some point and also prevent them from taking her

I'm guessing you are from South Africa - I have no clue about how things are done there. Since you are unemployed you will likely qualify for legal aide. I would perhaps try this - And get some sound advice about what you can/cannot legally do.

Do both of you have guardianship?

The Office of the Family Advocate.

Not a lot of South Africans on this forum who know enough to give you concrete legal advice here.

What I will say is it is internationally considered a basic common decency to at least discuss something like this with the father before you move his child away from him. If you're financially struggling, it may not be a bad idea to come up with a legal agreement to let them have custody while you travel for work to get yourself back on your feet. Uprooting your child isn't a decision you should be making lightly. Explore your legal options.

In the US it would depend on the custody agreement. If it's 50/50 you cannot move without his ok. But I don't know about where you live. Do some googling and maybe call a lawyer just for a consultation to get your questions answered. If the child is 100% in your custody then you can do whatever you want without asking him.

I assume your daughters father is in the habit of seeing your daughter, and there are no safety issues.

I would negotiate directly with the dad - I've got job prospects in xx city, and I am suggesting she and I move there. We will drive to you once a month, you drive to us once a month.

Making that up.

A lot depends on how you two work together. If it's completely adversarial as your post implies, than you will need to follow the letter of the law and your custody agreement.

In the US, custody can not be altered due to a lack of financial resources.

This is how it works in South Africa.

It is an unfortunate reality of marital breakdown that the former spouses must go their separate ways and reconstruct their lives. Typically, a relocation dispute will arise when one parent, normally the parent of primary residence and with whom the child usually resides, decides to move town/province/country. Often, the parent who is to be left behind will refuse to give consent for the relocation. The primary caregiver can then approach the High Court for an order dispensing with the other parent’s consent. It must be noted that it is not a given that the court will automatically give its consent. Because the Act does not set criteria, our courts have to consider various facts and case law before they can grant an order allowing relocation.

Factors a court will rely on in cases of relocation

The court will only grant permission based on the best interests of the child. An important factor that the court will take into consideration is whether the decision by the parent to relocate is reasonable and bona fide. Our courts take a pragmatic approach to such cases, and although the move may be detrimental to the other parent who will have less contact with the child, life must go on. That is not to say that the courts don’t consider the impact of the relocation of the left-behind parent, but our courts are compelled to respect the freedom of movement and family life of relocating parents. In looking at what is in the best interests of the child, the court will also consider whether relocation will be compatible with the child’s welfare.

THE BENEFITS OF ENGAGING THE ASSISTANCE OF THE FAMILY ADVOCATE:

The Family Advocate can amend or terminate parental rights and responsibilities agreements registered by the Family Advocate’s office.

This means that the parties do not have to go to court if they want to amend the agreement when the need arises.

In the process of consulting, if the parties reach agreement on disputed issues the matter does not proceed to trial, thereby saving legal costs and time.

Courts or Judicial officers are required by law to consider the report and/ or recommendations of the Family Advocate when making a decision as to what is in the best interest of the minor child.

Courts will not readily give a decree of divorce where there is a dispute regarding minor children without the report or recommendations of the Family Advocate.

She needs tell her ex and he needs to agree or they will need to go back to court.