Introduction

If you are considering relocating with a minor child and need to approach the High Court of South Africa for consent, you may use the template below as a starting point to draft your own relocation papers.

Please note that this template is provided for informational purposes only and should be adapted to your specific circumstances.

If you require professional assistance in preparing your application or representation in court, you can contact Advocate Muhammad Abduroaf, an experienced legal practitioner in family law and relocation matters.

For more information, also visit this link: Relocation.

NOTICE OF MOTION TEMPLATE

IN THE HIGH COURT OF SOUTH AFRICA
[PROVINCE/DIVISION NAME]
Case No.: [Insert Case Number]

In the matter between:
[APPLICANT FULL NAME] (Applicant)
(Identity Number: [Applicant ID Number])

and

[RESPONDENT FULL NAME] (Respondent)
(Identity Number: [Respondent ID Number])

NOTICE OF MOTION

TAKE NOTICE that the Applicant intends to make an application to the above Honourable Court for an Order in the following terms:

• The Applicant shall have sole rights of guardianship and care over the parties’ minor children, namely:
  • [Child Full Name], a [gender] with South African Identity Number [Child ID Number]; and
  • [Child Full Name], a [gender] with South African Identity Number [Child ID Number].
• The Parenting Plan entered into between the parties, a copy of which is attached to the Applicant’s Founding Affidavit and marked “[Reference]”, is made an Order of this Honourable Court.
• Further and/or alternative relief.

TAKE NOTICE FURTHER that the Applicant has appointed [Law Firm or Advocate Name], with its details as stated below, as their Legal Practitioner of record and address at which they shall accept notice and service of all process in these proceedings.

KINDLY TAKE NOTICE FURTHER that if you intend to oppose the Application, you are required to:

• Inform the Applicant’s Legal Practitioner within 5 (five) days of receipt hereof of your intention to do so; and
• Within fifteen days after giving notice of your intention to oppose, file your answering affidavit, if any; and
• Appoint in such notification an address referred to in Rule 6(5)(b) at which you will accept notice and service of all documents in these proceedings.

If no such notice of intention to oppose is given, the Application will be made on [Insert Date].

TAKE NOTICE FURTHER that the Founding Affidavit of [APPLICANT FULL NAME] will be used in support of this Application.

TAKE NOTICE FURTHER that the Applicant consents to service of any process in these proceedings via email using the email address [Insert Email Address].

DATED AND SIGNED AT [City] ON THIS THE [Day] DAY OF [Month, Year].

[ADVOCATE OR LAW FIRM NAME]
Per: [Legal Practitioner Name]
[Designation]
Firm Number: [Firm Number]
Chambers: [Address]
Tel: [Telephone Number]
Email: [Email Address] (Service via Email)
REF: [Reference Number]

To:

• The Honourable Registrar of the High Court, [Division Name], [City]
• The Respondent: [Respondent Full Name], [Respondent Address]
• The Office of the Family Advocate, [City]

IN THE HIGH COURT OF SOUTH AFRICA

[INSERT DIVISION NAME]

Case No.: ___________/20___

In the matter between:
[FULL NAME OF APPLICANT] – Applicant
(Identity Number: ________________________)

and

[FULL NAME OF RESPONDENT] – Respondent
(Identity Number: ________________________)

FOUNDING AFFIDAVIT

I, the undersigned,
[FULL NAME OF APPLICANT],
do hereby make oath and state as follows:

1.1. I am an adult [male/female], age ___, with South African identity number ________________________, the Applicant in this matter.
1.2. The facts herein are within my personal knowledge and are true and correct unless the context indicates otherwise.
1.3. I reside at [FULL RESIDENTIAL ADDRESS], and I am [occupation/employment details].
1.4. I am married to [FULL NAME OF SPOUSE], a [nationality] national born on [DATE OF BIRTH]. [Brief details about spouse and marriage].
1.5. We have been married in terms of [civil/Muslim/customary] rites since [DATE].
1.6. [Brief details about business/employment].

2.1. The Respondent in this matter is [FULL NAME], an adult [male/female] with identity number ________________________.
2.2. The Respondent is ___ years old and resides at [FULL ADDRESS].
2.3. The Respondent and I were married to each other and subsequently divorced on [DATE]. We have [number] minor children born from our marriage.

– Child 1: [FULL NAME], age ___, identity number ________________________.
– Child 2: [FULL NAME], age ___, identity number ________________________.
[Add details about schooling, hobbies, etc., if relevant].

This Honourable Court has jurisdiction to entertain this matter as the minor children and the parties are domiciled and ordinarily resident within its area of jurisdiction.

[Explain the purpose of the application, e.g., guardianship rights, relocation, parenting plan, etc.]

[Provide general reasons for relocation or relief, e.g., better opportunities, safety, education, etc.]

For the above reasons, I humbly and respectfully request an Order as outlined in the attached Notice of Motion.

_____________________________
[APPLICANT’S FULL NAME]

SIGNED and SWORN to before me at _______________________ on this the __________ day of ________________________ 20___, the said deponent acknowledged that they know and understand the contents of this affidavit and that they had no objection to the taking of the Oath and that they considered the oath as binding on their conscience, by uttering the words:
“I swear that the contents of this declaration are true, so help me God”.

__________________________
COMMISSIONER OF OATHS