A mother who is illegally in South Africa as her spousal visa has lapsed and is facing deportation was blocked by the Gauteng High Court, Johannesburg, from taking her two sons with her when she relocates to Israel.
The father of the children, a lawyer, vehemently opposed his children’s relocation, and he told the court that he and his fiancée were able to provide a better home in South Africa for them.
Some of his concerns included that due to Israel facing a lot of conflict and war, he also feared that once the children turn 18, they may be forced to join the Israeli army.
In turning down the mother’s application to take her sons with her to Israel, Judge Marcus Senyatsi remarked that compared to Israel, South Africa has no conscription laws and consequently, when they turn 18, they will continue to live as civilians as opposed to being soldiers in Israel.
The basis for the request for permanent relocation of the children to Israel was that her spousal visa, which she had obtained by virtue of her marriage which ended in divorce, had expired.
She obtained a fraudulent visa which resulted in her arrest and criminal conviction regarding the violation of the Immigration Act.
The children’s father, on the other hand, said they were quite used to the lifestyle in South Africa as opposed to having to adjust to a new lifestyle in Israel.
The mother said the town they will relocate to once she secured employment is called Modi’in and is 60 km from the Gaza Strip.
While the mother argued that the children will have access to good schools in Israel, Judge Senyatsi remarked that she provided no information on what the costs of those schools will be and what benefit the children will derive from the schools.
“No information has been provided regarding the neighbourhood safety relating to the children. Consequently, with insufficient information from the applicant (mother), it is difficult for the court to determine the best interest of the children,” the judge said.
In weighing up the best interests of the children, the judge said they will be financially secured living with their father. The parents have a co-parenting plan in place, thus the judge said the father can easily arrange for them to visit the mother in Israel.
Judge Senyatsi said he was aware of the fact that refusing the mother permission to relocate the children will have a devastating effect on them, but it was in their best interests to stay here with their father.
Cape Argus
