Martin Vermaak Attorneys Explains Passport Rules for Minors

SANDTON, October 2026. With the December school holidays approaching, Martin Vermaak Attorneys is urging separated and divorced parents to sort out passport and travel consent for their children now, instead of discovering a problem only days before departure. The South African divorce and family law firm, which has offices in Sandton, Pretoria, Umhlanga and Cape Town, notes that October is when many families lock in their year-end plans, which makes it the right moment to deal with consent.

When parents share a home and see eye to eye, applying for a child's passport is normally straightforward. The picture changes for parents who have separated, divorced or never lived together. A parent might hope to take the children overseas to see family, only to find that the other parent refuses to sign, cannot be contacted or fails to attend the application. The firm sees these disputes come up regularly during the busiest stretch of the year.

Whose consent is needed

Section 18 of the Children's Act 38 of 2005 places consent to a child's passport application among the responsibilities and rights that come with guardianship. The default position appears in section 18(5): if more than one person is a guardian, all of them must consent unless a competent court orders otherwise.

According to the firm, parents should be asking who the child's legal guardians are, not only whether both parents agree. That can turn on the circumstances in which the child was born, section 21 of the Children's Act, an adoption, a parental responsibilities and rights agreement, a parenting plan, a court order, a guardian's death, or an order awarding sole guardianship. If only one person is a guardian, there may be nobody else whose consent is required.

Passport and travel are separate questions

Many parents assume that once a child has a passport, nothing else is needed. That is a misconception the firm deals with often. South African law looks at three distinct issues: whether the child may be issued a passport, whether the child may leave the country for a specific trip, and whether the child may relocate permanently abroad.

Section 18(3)(c)(iv) covers consent to the passport application. Consent to a child departing or being removed from South Africa is a separate matter under section 18(3)(c)(iii), together with whatever travel document requirements currently apply. Moving abroad permanently calls for a wider relocation enquiry centred on the child's best interests. It is possible for a parent to obtain an order permitting a passport application and still require separate consent or court relief before the child can leave the country.

That difference is important for anyone travelling in December. Getting a passport issued in October covers only one part of the planning, and consent for the specific trip must also be arranged.

If a guardian will not consent

The Children's Act anticipates that guardians will sometimes disagree. Under section 18(5), a competent court may order that the consent of all guardians is not needed in the particular circumstances. Depending on the facts and the relief requested, a court may instruct a guardian to cooperate or sign documents, declare a guardian's consent unnecessary, excuse a guardian from attending the passport application, authorise someone else to complete a procedural step, or attach safeguards and conditions.

A refusal does not automatically mean going to court straight away. The experienced divorce lawyers at the firm usually start by checking whether the person refusing is in fact a guardian, what any existing orders or parenting plan provide, and what the practical hurdle actually is. How a court order is worded is significant, since it must deal with the exact issue stopping Home Affairs from processing the application.

A holiday is not a relocation

Parents also get help telling a holiday apart from a move. Under the Children's Act, relocating within South Africa, for example from Johannesburg to Cape Town, does not automatically need the other parent's consent. Even so, section 31, any existing court orders, parenting plans and the child's best interests remain relevant, especially if the move will affect schooling, routines or contact.

Moving permanently out of South Africa is treated differently. The required guardian consent will usually be needed before the child can be removed from the country, and a refusal may mean seeking suitable court relief. A court may look at the destination country, schooling, accommodation, contact with the parent who stays in South Africa, travel costs and the relocation plan as a whole.

One part of a broader family law service

Questions about passports and travel frequently come up together with other issues. Martin Vermaak Attorneys brings more than two decades of divorce and family law experience, and its divorce attorneys act in contested, uncontested and high-net-worth divorces, international divorces, child custody and parental responsibilities and rights, spousal and child maintenance, and domestic violence and protection orders.

Its family law lawyers further advise on antenuptial agreements, changing a matrimonial property regime, notarial services, and estate planning and administration. The firm aims to provide clear, structured guidance so that clients know their rights, their obligations and the legal routes available to them under South African law.

Where parents anticipate a dispute about December travel, the firm recommends moving early. Collecting existing court orders or the parenting plan, confirming who the guardians are and discussing the travel plan with the other parent well ahead of the holidays leaves enough time to reach agreement, or to go to court should that be required.

Offices in three provinces

The head office is located at The Station, 63 Peter Place, Bryanston, Sandton. The firm also operates from Brooklyn Bridge Office Park in Pretoria, Ridgeside in Umhlanga and Wale Street in central Cape Town, serving clients throughout Gauteng, KwaZulu-Natal, the Western Cape and further afield. Private consultation rooms at selected venues in Gauteng, Cape Town and KwaZulu-Natal can be booked by appointment.

Parents wanting to talk to family lawyers about passport consent, holiday travel or relocation can ask for a free, no-obligation callback via the firm's website. This release contains general information only and does not constitute legal advice on any individual matter. Further details are available at https://www.martinvermaak.co.za/.

About Martin Vermaak Attorneys

Martin Vermaak Attorneys is a divorce and family law firm in South Africa with more than two decades of experience. Its work covers contested, uncontested and high-net-worth divorces, child custody and parental rights, spousal and child maintenance, domestic violence and protection orders, antenuptial agreements and changes to a marital regime, and estate planning and administration. The firm has offices in Sandton (Bryanston head office), Pretoria, Umhlanga (Durban) and Cape Town.