In a recent decision Judge Madondo granted leave to a primary caregiver mother to relocate to the UK with her two young children despite opposition from their father. In keeping with current case law that the decision to relocate must be one that is reasonable and bona fide, Judge Madondo cited inter alia that "their mother will have greater employment opportunities" than those available in South Africa.

However, in a matter brought before Judge Gyanda, on very similar facts, leave was refused for a mother to relocate to Zimbabwe with her 4 year old son, despite the applicant having provided reasons that were bona fide for relocating, on the basis that the decision to relocate was not in the child's best interests.

It is, therefore not a given that even if a parent can show reasonable and bona fide grounds to relocate outside the Republic that such an order will be granted, the overriding requirement will be what is in the best interests of the child, and each case must be decided on its own merits.