Ford v Ford

The parties, both British citizens, were divorced in South Africa in 2001. Custody of their minor daughter, Sarah Rose (born 1995), was awarded to the mother (the appellant), with extensive access rights to the father (the respondent), resulting in near-equal parenting time. In 2002 the mother decided to return permanently to the United Kingdom and sought leave to remove the child from South Africa. The father refused consent. The High Court and a full court on appeal refused the application. The mother appealed to the Supreme Court of Appeal. Expert evidence established that the child was well-adjusted, strongly bonded to both parents, and that separation from either parent would be detrimental to her well-being. The mother’s relocation plans were found to be poorly researched and uncertain in respect of employment, finances, schooling and support structures in the UK.

The appeal was dismissed. The refusal to grant the appellant leave to remove the minor child permanently from South Africa was upheld.

This decision is a leading South African authority on international relocation disputes involving children. It confirms that the best interests of the child are paramount and that there is no automatic preference for the custodian parent’s relocation wishes. The case illustrates the careful balancing required between a child’s relationships with both parents, the custodian parent’s constitutional rights, and the practical realities of the proposed move, particularly where parenting responsibilities are shared.