Relocation decisions: do culture, language and religion matter in the rainbow nation?

Abstract

This article turns to culture, language and religion as constitutional constructs in South Africa, in an attempt to clarify their importance generally. The position prior to the Children’s Act is discussed. The article reviews available case material, and legal criteria and practical trends are drawn from this. The threads drawn from this are pulled together to provide some insight into contemporary judicial views in South Africa on the influence of culture, language and religion in the field of relocation disputes.