South Africa’s High Court Blocks Mother From Relocating Children To Zimbabwe

A South Gauteng High Court in Johannesburg has refused an urgent request to move three children to Zimbabwe following the death of their father, ruling that such a move would not be in their best interests at this time.

The case involves a Zimbabwean mother, identified as FM, and her former sister-in-law, LB, who has been caring for the children since their father’s death in November 2025. The children are aged 12, 9, and 5.

FM asked the court for permission to relocate her children to Zimbabwe while she returned to her job in Ireland.

She argued that the move would provide stability while she sought legal ways to reunite with them abroad.

However, Judge Stuart Wilson found that FM did not intend to live with the children in Zimbabwe. She planned to leave them with relatives while she went back to Ireland.

The judge ruled that the children had no meaningful connection to Zimbabwe, as they were born, raised, and educated entirely in South Africa.

The case followed tragic events. In November 2025, the children’s father, TC, took his own life after a period of marital conflict.

The children witnessed the incident, and one of them was injured while trying to help him. Afterwards, the children went to live with their aunt, LB.

Judge Wilson criticised LB for preventing FM from seeing or speaking to her children in the weeks that followed and for encouraging the children to blame their mother for their father’s death.

The judge found that LB’s actions were influenced by grief and anger, not by the children themselves.

After personally speaking with the children, Judge Wilson found that they wanted to live with their mother and had not been alienated from her, despite the trauma they had suffered.

The judge concluded that relocating the children to Zimbabwe without their mother would separate them from both parents and place them in an unfamiliar country.

On balance, he ruled it was safer and more stable for the children to remain in South Africa under LB’s care for now.

The court refused the relocation request but made orders to protect FM’s parental rights. She was granted full unsupervised contact with the children, and LB was strictly prohibited from interfering with their relationship or moving the children from their school or home without court permission.

The family advocate has been asked to explore longer-term options, including the possibility of the children living with FM in Ireland, Zimbabwe, or elsewhere. The case will remain under the supervision of the same judge until a further order is made.

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