The high court in Johannesburg refused a mother permission to relocate her two sons to Israel
Image: File
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 are able to provide a better home in South Africa for them. Some of his concerns include that Israel is facing conflict and war, and 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 the mother's spousal visa, which she had obtained by virtue of her marriage which ended in divorce, has expired. She obtained a fraudulent visa which resulted in her arrest and criminal conviction regarding the violation of the Immigration Act.
Consequently, she is in South Africa illegally and therefore liable to be deported to Israel. She explained that she will at first live with her father in Jerusalem until she can find a job. He has never met his grandchildren and lives in a large house which can accommodate them, the mother said.
She contends that she is forced to leave the country and consequently, she would like to do so with the children.
The children’s father said that they are used to the lifestyle in South Africa as opposed to having to adjust to a new lifestyle in Israel.
He also stressed that Israel is a violent country involved in a war not just with Hamas but with most of its neighbours. He said the constant fear of bombs or rockets being fired at Jerusalem and other cities makes it too risky for the children to be moved there.
The mother, however, said the town they will relocate to once she secures 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 (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 is aware of the fact that refusing the mother permission to relocate the children will have a devastating effect on them, but it is in their best interests to stay in South Africa with their father.
Cape Times