KLVC v SDI and Another

The appellant and first respondent were unmarried biological parents of a minor child born in Durban in July 2012. They never cohabited. The first respondent consented to being identified as the child’s father and maintained contact with the child. In November 2012, while the first respondent was temporarily abroad, the appellant removed the four‑month‑old child from South Africa to England without informing or obtaining consent from the first respondent or a court. The first respondent instituted Hague Convention proceedings in England for the child’s return. The English court referred a question to a South African court to determine whether, under South African law, the removal was lawful. The High Court found that the first respondent had acquired full parental responsibilities and rights under s 21(1)(b) of the Children’s Act 38 of 2005, requiring his consent for removal. The appellant appealed to the Supreme Court of Appeal.

The appeal was dismissed with costs. The Supreme Court of Appeal confirmed that the appellant acted unlawfully in removing the child from South Africa without the first respondent’s consent or a court order.

This case provides authoritative guidance on the interpretation and application of s 21(1)(b) of the Children’s Act, clarifying how unmarried fathers may automatically acquire full parental responsibilities and rights. It underscores that contributions need not be substantial or formal, promotes equality between married and unmarried fathers, and affirms the importance of children’s constitutional right to parental care. The judgment is also significant in the context of Hague Convention child‑abduction proceedings.