Children's Act, 2005 (Act No. 38 of 2005)Chapter 7 : Protection of ChildrenPart 4 : Other protective measures139. Unlawful taking or sending of child out of Republic |
| (1) | No person may take or send a child out of the Republic— |
| (a) | in contravention of an order of a court prohibiting the removal of the child from the Republic; or |
| (b) | without consent— |
| (i) | obtained in terms of section 18(5) from persons holding relevant parental responsibilities and rights in respect of that child; |
| (ii) | obtained in terms of section 169 with regard to a child in alternative care; or |
| (iii) | of a court. |
| (2) | For the purposes of subsection (1) a person must be regarded as— |
| (a) | taking a child out of the Republic if that person— |
| (i) | causes the child to be taken, or in any way assists in taking the child, out of the Republic; or |
| (ii) | causes or induces the child to accompany or to join him or her or any other person when departing from the Republic; or |
| (b) | sending a child out of the Republic if that person causes the child to be sent, or in any way assists in sending the child, out of the Republic. |