Interprovincial Travel of Children for Contact

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An important update on the issue of interprovincial travel of children for contact during lockdown:

The Regulations have been amended this last weekend to include interprovincial travel of children for contact with a permit issued by a Magistrate in accordance with Form 3 of Annexure A of the Regulations.

The practicalities of how this contact will work will need to be decided on a case by case basis, and must be something where this contact will be in the children’s best interests over and above the children remaining in one place, with only telephonic/video calling contact in place.

To obtain this permit you will need to submit

1. a Court Order;

2.  a Parenting Plan

3. a birth certificate (original or certified copy proving you are the parent); and

4. written reasons as to why this movement of the children between provinces for contact is necessary (and how this would work on a practical level).

We will assist you with obtaining this permit from the Magistrate, in particular with respect to what should be set out in the written reasons for the request for this permit for you to stand the best chance of this being granted.

It may also be necessary for us to attend Court to address a potential drafting error on this amendment which is unduly technically restrictive, so as to make it clear to the Magistrate that your application materially complies with the legislation in accordance with its intended purpose.

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