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What documents, consent and court orders may be needed when a child travels internationally
Every child entering or leaving South Africa needs a valid passport. Depending on the child’s nationality, who is travelling with the child and the circumstances of the journey, immigration officials may also ask for proof of parentage, consent from a non-travelling parent or guardian, identity documents, a court order or information about the person who will receive the child.
The practical requirements are not presented identically across all current government websites. The South African Government’s current FAQ states that South African children using South African passports do not need to carry birth certificates.
The more detailed Home Affairs and Border Management Authority guidance still refers to birth certificates or equivalent documents in several travel categories, while recognising exceptions where parents’ details appear in the child’s passport.
Parents and guardians should therefore confirm the current requirements with the Border Management Authority, Department of Home Affairs, relevant airline and destination country before travelling.
Where documents are available, carrying them can reduce the risk of delay at a port of entry.
This article explains the current South African legal and administrative framework. It provides general information and does not constitute legal, immigration or travel advice for a particular journey.
| Child is travelling… | Documents and consent to check |
With both parents | A valid passport is essential. Confirm whether proof of parentage is required for the particular journey. |
With one parent | A valid passport, proof of parentage where applicable, consent from the non-travelling parent or guardian, identity-document details and contact information may be required. A court order or death certificate may apply instead. |
With another adult | A valid passport, proof of parentage, parental or guardian consent, identity-document copies and contact details may be required. |
Without an accompanying adult | Additional consent documents and information about the person receiving the child will ordinarily be required. |
Where consent is refused | A court order under section 18(5) of the Children’s Act may be required. |
For permanent relocation | Travel documentation is not enough. The relocation and guardianship issues must be dealt with separately. |
This table is a high-level guide only. Requirements can differ according to nationality, visa status, travel direction, guardianship, the documents already held and the current administrative rules.
Two related frameworks must be distinguished.
The Children’s Act 38 of 2005 regulates parental responsibilities and rights, including guardianship. Section 18(3)(c)(iii) places consent to a child’s departure or removal from South Africa within the responsibilities and rights of guardianship. Section 18(5) provides that, unless a competent court orders otherwise, the consent of all persons who hold guardianship is required.
The immigration and border-control framework regulates the documents that may have to be produced when a child enters or leaves South Africa. The Border Management Authority and Department of Home Affairs administer these requirements at ports of entry.
The two frameworks overlap, but they are not identical.
A person may be recognised as a parent on a birth certificate, while a court order or other legal development affects guardianship. Conversely, a person may hold guardianship under the Children’s Act even though the administrative documents do not fully explain that legal position.
Where the documents and the legal guardianship position differ, the relevant court order or guardianship document should be carried and checked before travel.
The current official guidance is not fully harmonised.
The South African Government’s FAQ states that South African children travelling on South African passports do not need to carry a birth certificate. It also says that an unabridged birth certificate or equivalent parentage document may be required in most other circumstances.
The detailed Home Affairs advisory states that:
The Border Management Authority’s published advisory also refers to unabridged birth certificates for South African minors, subject to an exception where the child’s passport contains the parents’ details.
Because these official pages are worded differently, parents should not rely on one blanket statement for every journey.
The safest practical approach is to:
Where a child travels with both parents, a valid passport is essential.
Depending on the child’s nationality and the current border requirements, proof of parentage may also be requested. This can include:
Where the parents and child have different surnames, carrying proof of the relationship can help avoid questions or delays.
The fact that both parents are travelling does not remove any visa, passport-validity or destination-country requirements.
Where a child travels with one parent, the administrative requirements may include:
The Home Affairs advisory states that a parental consent letter should not be older than six months when it is presented. Because forms and time limits can change, the latest prescribed or suggested form should be obtained before travel.
Consent should identify the child, the accompanying parent, the destination and the relevant travel period clearly enough to avoid uncertainty.
A child may travel with a grandparent, relative, teacher, family friend or another adult who is not the child’s parent.
Depending on the circumstances, the traveller may need:
The consent documentation should make clear that the accompanying adult is authorised to travel with the child.
Additional documentation may be required where a child travels without an accompanying adult.
The published Home Affairs guidance includes:
Airlines may have their own unaccompanied-minor procedures, age limits, fees and handover requirements. These must be checked separately.
The Home Affairs advisory provides a special arrangement for qualifying school tours.
A letter from the school principal may replace individual parental-consent documentation where the principal confirms that the required consents are held by the school.
The dispensation applies subject to the conditions stated in the official guidance and should be checked before the group travels.
Schools should not assume that an ordinary permission slip automatically satisfies border requirements.
A child in alternative care may require a valid passport and the written approval of the relevant Provincial Head of Social Development as contemplated in section 169 of the Children’s Act.
A parental consent letter or affidavit records the non-travelling parent’s or guardian’s permission for the child to travel.
The document should ordinarily identify:
The Home Affairs advisory states that the consent document must accompany the relevant proof of parentage where a parent is not travelling and should not be older than six months.
A South African mission abroad may be able to assist with commissioning the document where the consenting parent or guardian is outside South Africa.
Consent to international departure is part of guardianship under section 18 of the Children’s Act.
Where more than one person holds guardianship, the default position is that all guardians must consent to the child’s departure or removal from South Africa. A competent court may order otherwise under section 18(5).
The Home Affairs guidance expressly recognises that a section 18(5) court order may be presented where the required consent is refused.
A court application should address:
In LA v EFV (2024-017275) [2024] ZAGPPHC 213 (11 March 2024), the Gauteng High Court considered a proposed holiday to the United States.
The father had refused to consent to the child’s departure from South Africa. The court found that his refusal was unreasonable and, under section 18(5) of the Children’s Act, ordered that his consent was not required for that particular trip.
The application was heard urgently because departure was imminent.
More recently, in A.T.A v L.A.A (2025/246332) [2025] ZAWCHC 597 (19 December 2025), the Western Cape High Court authorised the father to travel with the child to the United States for a defined holiday period and dispensed with the mother’s consent where necessary.
The order required a confirmed outbound and return itinerary, accommodation details, a contact number, reasonable electronic contact with the mother during the trip, and the child’s return to South Africa by the specified date.
These decisions show why the relief should be tailored to the actual journey rather than framed more broadly than necessary.
The published special-dispensation process does not generally apply merely because a parent:
Where consent cannot be obtained, a court order may be required.
Evidence of reasonable attempts to locate or contact the other parent may include:
A parent should not assume that a missing signature can simply be ignored.
Where a parent recorded in the relevant parentage document has died, a death certificate may be accepted instead of consent.
Published government guidance has also referred at different times to special-dispensation procedures in circumstances of recent death or incapacity. The current Home Affairs page should be checked directly before relying on such a process.
The special-dispensation process should not be confused with a case where a living parent is merely unwilling to consent or cannot be located because of separation or divorce.
A valid passport does not, by itself, authorise international travel.
Section 18 of the Children’s Act treats these as separate guardianship decisions:
A parent may therefore have:
The wording of any agreement or order should be checked carefully.
For passport-specific disputes, see MVA’s guide to When a Parent Refuses Passport Consent.
Permission for a holiday or temporary visit does not automatically authorise permanent relocation.
Permanent relocation involves a broader legal enquiry. It may require consideration of:
A travel-consent affidavit for a two-week holiday should not be treated as consent to move permanently.
For the relocation framework, see MVA’s guide to Child Relocation in South Africa.
A child may leave South Africa lawfully but later be wrongfully retained in another country.
For example, both parents may agree to a holiday abroad. If the accompanying parent later refuses to return the child as agreed, the dispute may become an international child-retention matter.
Where the relevant treaty requirements are met, the Hague Convention on the Civil Aspects of International Child Abduction may apply.
A Hague return application is different from:
Parents should preserve the written consent, itinerary, agreed return date and communications relating to the journey.
For the return framework, see MVA’s guide to Hague Convention Child Return Applications in South Africa.
From 1 July 2026, travellers entering or leaving South Africa are required to be covered by the SARS online traveller declaration. This includes children and infants. A parent, legal guardian, caretaker or another assisting person may complete the declaration on behalf of a minor.
The traveller declaration forms part of the customs process. It deals with goods, currency and other items that must be declared when crossing the border. It does not replace a child’s passport, parental or guardian consent, a court order, or any other family-law or immigration document required for the journey.
SARS states that the declaration should ordinarily be submitted online before travel. Travellers who have not completed it before reaching the port of entry or exit are not refused entry or departure solely for that reason, because assistance and self-service facilities may be available at the port. The current requirements should still be checked before travel.
Administrative travel rules can change.
Current official pages are also not always worded identically. A traveller should therefore check:
The South African Government itself advises travellers to confirm the latest requirements and to carry supporting documents where uncertainty remains.
A screenshot or outdated article should not be treated as the final authority for a future journey.
Before travelling with a child:
Travelling internationally with a child involves more than obtaining a passport and booking a ticket.
The documents may need to establish:
The legal and administrative requirements should be checked before travel arrangements become difficult or expensive to change.
Martin Vermaak Attorneys Inc. advises on South African family-law matters involving guardianship, passport consent, international travel, child relocation and related section 18(5) court applications.
Where another guardian refuses consent, cannot be located or disputes the proposed journey, obtaining advice early can help identify the correct documents and relief before the intended travel date.
Author: Martin Vermaak, B.Proc, LLB
Attorney of the High Court of South Africa | Director, Martin Vermaak Attorneys | Over 20 years’ experience in divorce and family law
Disclaimer
This information has been prepared for general educational purposes only and is not intended to constitute legal, financial, tax or other professional advice. South African family law is fact-specific, and the applicable legal position may depend on the circumstances of the individual matter. Readers should obtain independent professional advice appropriate to their circumstances before making legal, financial or other decisions.
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