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I am divorced from my spouse but share custody. Can my children move between their parents?

The Regulation regarding the 21 days lockdown period is clear:

For the period of lockdown every person is confined to his or her place of residence, unless strictly for the purpose of performing an essential service, obtaining an essential good or service, collecting a social grant, or seeking emergency, life- saving, or chronic medical attention; every gathering, as defined in regulation 1 is hereby prohibited, except for funeral; movement between provinces is prohibited; and movement between the metropolitan and district areas, is prohibited.

Divorced parents or those who are living apart and whose contact weekend falls within the lockdown period, will not be able to see their children during this period as the Regulations does not make any exception to the term confined to his her place of residence, which may assist them. Parents will have to make alternative arrangements during this period and work together to curb the spreading of the disease. They should rather work together and arrange longer periods of contact after the lockdown period.

Should you be on the road the SAPS will stop you to enquire regarding your movements. If you do not have a reason as specified in the Regulation and /or a permit allowing you permission to travel, you will be arrested.

Although our courts are open for urgent Applications, the Deputy Judge President issued a Directive that only very urgent cases will be heard; parents not being able to exercise their visitation rights will not fall within this category.


Article by Herman Waldick (Director)