South Gauteng Court Blocks Relocation of Children to Zimbabwe

South Gauteng High Court blocks relocation of three children to Zimbabwe, ruling the move is not in their best interests following their father’s death (image source)

The South Gauteng High Court in Johannesburg has refused an urgent application to relocate three minor children to Zimbabwe following the suicide of their father, ruling that the move would not be in the children’s best interests at this stage.

The case involved a Zimbabwean mother, identified as FM, and her former sister-in-law, LB, who has been caring for the children since their father’s death in November 2025. FM sought permission to relocate her children, aged 12, 9 and 5, to Zimbabwe before resuming her employment in Ireland. She argued that the move would provide temporary stability while she pursued legal avenues to reunite with them abroad.

Judge Stuart Wilson found that FM did not intend to live with the children in Zimbabwe, but instead planned to leave them in the care of relatives while she returned overseas. He ruled that the children had no meaningful connection to Zimbabwe, having been born, raised and educated entirely in South Africa.

The case arose from tragic circumstances. In November 2025, the children’s father, TC, died by suicide in an incident witnessed by the children. One child sustained burn injuries while attempting to help him. Following the incident, the children went to live with their aunt, LB.

Judge Wilson was sharply critical of LB’s conduct, finding that she had deliberately prevented FM from seeing or speaking to her children and had encouraged them to blame their mother for their father’s death. He rejected claims that the children themselves had refused contact, describing LB’s stance as shaped by grief and anger.

After personally interviewing the children, the judge found that they wished to live with their mother and had not been alienated from her despite the trauma they had endured. However, he ruled that relocating them to Zimbabwe would separate them from both parents and place them in an unfamiliar country without their mother’s presence.

On balance, the court held that it was safer and more stable for the children to remain in South Africa under LB’s care for now. The relocation application was therefore refused.

However, the court granted FM full unsupervised contact with her children and issued a strict order prohibiting LB from interfering with or undermining their relationship. LB was also barred from removing the children from their school or residence without court approval.

The family advocate has been directed to investigate longer-term options, including the possibility of the children relocating to Ireland, Zimbabwe or another country to live with FM. The matter will remain under Judge Wilson’s supervision pending further court orders.