Father and son

New directive: children may be handed over during lockdown

A new directive, regarding the handing over of children during lockdown, was published in the Government Gazette on 7 April 2020.

The provision stipulates that:


i) Movement of children between co-holders of parental responsibilities and rights or a caregiver as defined in section 1 (1) of the Children’s Act 2005 (Act 28. Of 2005) during the lockdown period, is prohibited, except where arrangements are in place for a child to move from one parent to another, in terms of –

  • (aa) A court order
  • (bb) Where a parental responsibilities and rights agreement or parenting plan, registered with the family advocate is in existence, provided that, in the household to which the child is to move, there is no person who is known to have come into contact with, or is reasonably suspected to have come into contact with, a person known to have contracted, or reasonably suspected to have contracted, COVID-19;

(ii) The parent or caregiver transporting the child concerned must have in his or her possession, the court order or the agreement referred to in sub-items (aa) and (bb), respectively, or a certified copy thereof.”

This brings about a change to the position taken that the handover of children was prohibited. Parents are now able to hand over their children to the other parent, under the conditions stipulated in the regulations.

Each matter has a unique set of circumstances which apply to it, so ensure that you are on the right side of the law during these uncertain times and get expert advice so as to avoid any adverse consequences to you and your family.

Whilst the general public is required to stay at home to curb the spread of the COVID-19 virus, we are available through a number of video-calling platforms or via telephone for you to obtain the legal advice that you need.

Did you know that Witz Inc offers you Family Law services and Criminal Law services amongst our other offerings?


For the right advice on the legal issues affecting you at this time, contact one of our experts today on +27 11 010 0400 or at info@witzinc.co.za.