Movement of children Revised under level 4 of the National Lockdown

Movement of children Revised under level 4 of the National Lockdown

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

i. a court order; or

ii. a parental responsibilities and rights agreement or parenting plan, registered with the family advocate or

iii. a permit issued by a magistrate if the documentation in paragraphs i and ii above are not available.  

The movement of children between different metropolitan areas, district municipalities or provinces is allowed  ONLY if the co- holders of parental responsibilities and rights or a caregiver is in possession of a permit  issued by a magistrate.

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, before or on 7 May 2020, 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.  

The household to which the child has to move, must be free of COVID -19. A magistrate who has to issue the above mentioned permits, must be provided with the following documents by the applicant parent / caregiver / holder of parental rights and responsibilities :

(i) 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 the child/ children, and

(ii) written reasons why the movement of the child is necessary, and

(iii) copies of the court order, parental responsibilities and rights agreement or parenting plan, registered at the office of the Family Advocate, where applicable.

The question about which magistrate will have jurisdiction to issue the permits referred to above, is not clear, for the moment. And the question why the regulations (iro the movement of Children under Alert Level 4 ) is more strict compared to those which applied under Alert Level 5, is also unclear. 

Under Alert Level 5, the production of a birth certificate which could demonstrate the legitimate relationship between the child and the person transporting the child, irrespective of the municipal area, province or district, was sufficient.   

We are hopeful  that these uncertainties / criticisms (if we may call it that) will soon be clarified.