International Parental Child Abduction South Africa
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DISCLAIMER: The information in this flyer is provided for general information only, is not intended to be legal advice, and may change without notice. Questions involving interpretation of law should be addressed to an attorney licensed to practice in the relevant jurisdiction.
October 2012
South Africa and the United States have been treaty partners under the 1980 Hague Convention on the Civil Aspects of International Child Abduction Convention (Hague Abduction Convention) since November 1, 1997.
For information concerning travel to South Africa including information about the location of the U.S. Embassy, the Smart
Traveler Enrollment Program, entry/exit requirements, safety and security, crime, medical facilities and health information,
traffic safety, road conditions and aviation safety, please see country-specific information for South Africa.
Contact information:
United States Department of State
Bureau of Consular Affairs
Office of Children’s Issues
2201 C Street, N.W.
Washington, DC 20520
Telephone: 1-888-407-4747
Outside the United States or Canada: 1-202-501-4444
Fax: 202-736-9132
Website: www.travel.state.gov
The South African Central Authority for the Hague Abduction Convention is the Office of the Family Advocate. The South African Central Authority (SACA) has an administrative role in processing Hague Abduction Convention applications. They forward completed Hague applications to the appropriate Family Advocate attached to the High Court in the jurisdiction where the defendant resides. The Advocate informs the taking-parent of the petition and, if appropriate, seeks a voluntary return. If the taking-parent does not agree to a return, the Advocate files the petition with the High Court. The Children’s Act of 2010 requires SACA to appoint an attorney ad litem for the child/ren for Hague proceedings; you can find more information here.
They can be reached at: Office of the Chief Family Advocate
Central Authority for the Republic of South Africa
Room 9.36 West Tower
Momentum City Walk
c/o Prinsloo & Pretorius Streets
Private Bag X81
PRETORIA 0001
Republic of South Africa
Telephone: 27 (12) 357 8022
Fax: 27 (12) 357 8043
e-mail : PeSeabi@justice.gov.za
Internet: Office of the Chief Family Advocate
To initiate a Hague case for return of, or access to, a child in South Africa, the left-behind parent or legal guardian must submit a Hague application and the original or certified supporting documents to the SACA. The USCA is available to answer questions about the Hague application process, to forward a completed application to the South African Central Authority, and to subsequently monitor its progress through the foreign administrative and legal processes.
There are no fees for filing Hague applications with either the United States or the South African Central Authority. Attorney fees, if necessary, are the responsibility of the applicant parent. Additional costs are the responsibility of the applicant parent, and may include airplane tickets for court appearances and for the return of the child, if so ordered. Back to TopA parent or legal guardian may file an application under the Hague Abduction Convention for return to the United States of a child abducted to, or wrongfully retained in, South Africa. The U.S. Department of State can assist parents living in the United States to understand whether the Convention is an available civil remedy and can provide information on the process for submitting a Hague application
A person may file an application under the Hague Abduction Convention for access to a child living in South Africa. The criteria for acceptance of a Hague access application vary from country to country. The U.S. Department of State can assist parents living in the United States to understand country-specific criteria and provide information on the process for submitting a Hague application.
Retaining an Attorney:
It is not necessary for a left-behind parent to retain a private attorney for Hague Abduction Convention proceedings. The Family Advocate will present an application on behalf of the left-behind parent to the South African court for the child’s return; the Advocate represents the petition, not the petitioner. A parent has the option of hiring a private attorney instead of using an appointed Family Advocate. The U.S. Embassy in Pretoria, South Africa posts list of attorneys including those who specialize in family law.
This list is provided as a courtesy service only and does not constitute an endorsement of any individual attorney. The Department of State assumes no responsibility or liability for the professional ability or reputation of, or the quality of services provided by, the following persons or firms. Professional credentials and areas of expertise are provided directly by the lawyers.
Mediation through the Office of the Family Advocate is available to families with a divorce case pending in the South African court system.
The U.S. Embassy in South Africa can be contacted at:
Mailing Address:
U.S. Embassy South Africa
PO Box 9536, Pretoria 0001
Physical Address:
877 Pretorius St.
Arcadia, Pretoria
Telephone: (27-12) 431-4000
Fax: (27-12) 342-2299E-mail: consularjohannesburg@state.gov
Website: U.S. Embassy in South Africa
The Embassy of South Africa is located in Washington, D.C., at:
Embassy of South Africa
4301 Connecticut Ave, NW
Van Ness Building, Suite 220
Washington, DC 20008
Telephone: 202-232-4400
Fax: (202) 244-9417
E-mail: consular.wa@dirco.gov.za
Website: Embassy of South Africa in Washington, D.C.
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