The Central Authority for the Republic of South Africa v MV and Another

The matter concerned an application under the 1980 Hague Convention on the Civil Aspects of International Child Abduction for the return of a minor child, L, to Switzerland. The child was born in Italy to unmarried parents, Ms MV (the mother) and Mr VL (the father), and thereafter lived predominantly in Switzerland, where the parties cohabited and established a family life. Mr VL was employed in Switzerland, purchased a home in Geneva, arranged childcare, and maintained the child. In May 2022, the parents travelled with L to South Africa to attend a family wedding. Following the mother testing positive for COVID-19, the father returned alone to Switzerland, with the understanding that the mother and child would follow. The mother thereafter decided to remain in South Africa with the child and did not return. The Central Authority for South Africa applied for the child’s return to Switzerland, which application was dismissed by the Gauteng Division of the High Court. The Central Authority appealed to the Supreme Court of Appeal.

The appeal was upheld. The order of the High Court was set aside and substituted with an order directing the immediate return of the minor child to Switzerland under the supervision of the Central Authorities, subject to detailed undertakings and protective measures to ensure the child’s and mother’s welfare. Each party was ordered to pay their own costs.

This judgment reaffirms the proper approach to determining habitual residence under the 1980 Hague Convention and cautions against conflating parental relationship disputes or marital status with the Convention enquiry. It underscores South Africa’s commitment to the prompt return mechanism of the Hague Convention, clarifies the recognition of custodial rights arising by operation of foreign law, and reinforces that only a limited best-interests inquiry is permissible in international child abduction cases.