Relocating from South Africa with your child – When do you need consent from the father? Relocation – If you were born and raised in South Africa, it does not mean that you have to live there for the rest of your life. There are opportunities elsewhere in the world to live and continue your life’s journey. This may include a neighbouring country, or on another continent like Europe. Wherever it is, there are a few things to consider should you wish to relocate with your minor child. This is especially so if you are not relocating with the father. If you are the only parent to your child, then this article may not apply to you. This is where we will start off this article. The other parent when it comes to relocation If you are a mother and was never married to the father of your child, the I want to learn more
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Emigration and relocation from South Africa – Children’s Rights and that of Mother and Father
Legal Resources and Advice regarding emigration and relocation from South Africa to the UK, USA etc. Are you intending on relocating to any one of the popular destination countries below? United Kingdom (UK) Australia United States of America (USA) New Zealand Canada Angola Botswana Chile Zimbabwe Germany Netherlands Swaziland Israel Portugal Mozambique Ireland Malawi Switzerland Namibia Greece Are there possible consent issues regarding passports, and relocation or emigration? If you answered yes, have a look at the articles on this website that you may of use.
Frequently asked questions regarding relocation and consent when it comes to minor children
Frequently asked questions regarding relocation and consent when it comes to minor children Relocation – Are you planning on relocating to another country or moving to a different province within South Africa with your minor child? Are you concerned about the issue of consent from the other parent? Below are some frequently asked, and related questions on the topic. We would encourage you to post and answer some of the questions, or just leave a comment. Parents often decide to relocate with their minor children. However, they do not always understand the legal requirements and implications involved. For example, can they just leave the country with the minor child or do they require the other parents’ consent? Furthermore, if consent is required and refused; what are the remedies available to that parent? With regard to the issue of moving from one province to another, unless a court order stipulates otherwise, I want to learn more
Legal Principles applicable to minor Children Relocation matters – Local and International Relocation
What are the Legal Principles applicable to minor Children’s Relocation matters? Are there differences between Local or provincial and International Relocation? If parents cannot agree on the issue of relocation of minor children with a parent, a court of law would have to step in. If the parent who wishes to relocate is successful, it would mean the other parent would not have contact with the minor child as he or she used to. This is a difficult situation to deal with if you are not the custodial parent of the minor child. For one, you may not see you child face to face every day or every weekend as you used to. You will, therefore unfortunately not see your child grow and be there during his or her various developmental stages in life. The challenges with minor children relocation matters That is why relocation matters can be difficult to I want to learn more
The Courts and the Office of the Family Advocate in Relocation of minor children matters
Relocation of minor children with a parent. What does the Courts and Family Advocate look at? Relocating with your minor child where the consent of the other parent is provided is ideal. If consent is not provided, then the Court would need to get involved. This applies to both local (example, provincial relocation) and international (moving abroad). Our High Court often hear applications for relocation of minor children. Sometimes the issues are simple, and other times, less so. However, the ultimate question is whether or not it is in the minor child’s best interest. High Court getting involved in minor children relocation matters In the unreported judgment of CG v NG 2015 JDR 0391 (GJ), the Applicant, being the mother, approached the Gauteng High Court for permission to relocate with her minor children from Gauteng to Cape Town. We shall not deal with the history and all the facts of I want to learn more
Child Relocation, Passports, Custody, Surname Change and the High Courts
Child Relocation, Passports, Custody, Surname Change, and the High Courts – Simplified What does Child Relocation, Passport disputes, Custody issues, and surname changes have in common? They are all matters which a court of law resolves if the parties cannot do so. Other than child custody issues that can be resolved by the Children’s Court, disputes in relation to Child Relocation, Passport Disputes and Surname changes for minor children are dealt with in the various Provincial High Courts in South Africa where the child ore parties reside. Much has been written in this website regarding child custody, relocation of minor children, and passport disputes. They have however not been dealt with simultaneously in one article. This is what this article intends to do. It basically provides the intertwined application of the law. With the rise in relocation and disputes regarding care and contact in South Africa, this article would be I want to learn more
Relocation of Minor Children and Passport Consent Issues – Videos by Advocate Muhammad Abduroaf
Relocation of Minor Children and Passport Consent Issues – Videos by Advocate Muhammad Abduroaf If you are a co-holder of parental responsibilities and rights, you should consent to a minor child obtaining a passport and for the minor child to leave the Republic of South Africa. Watch the videos below by Advocate Muhammad Abduroaf dealing with the issues.
Strategies to deal with your child maintenance case – Focus on Reasonable and Necessary
How do I strategies my child maintenance case? I am struggling to grasp how to approach my maintenance matter. Please give me some advice? As with any legal matter where you have a dispute, you need to have a strategy or a plan to be successful. Without a strategy or plan, you are just hoping for the best. However, hope does not steer a boat to shore. There are some, and in most cases, a lot of work, planning and thinking. Let’s face it, the other party or parent in your legal matter also has a plan or strategy. Suppose they put the necessary energy into executing it for the intended results, or at least more than what you are putting into it; their results will favour them much more. That is so, despite all the hope you put into it. Understand the maintenance laws and how it works But I want to learn more
What parents need to know should they wish to relocate from South Africa to the United Kingdom, Australia, United States, New Zealand or Canada
What parents need to know should they wish to relocate from South Africa to the United Kingdom, Australia, United States, New Zealand or Canada with their minor child We often receive queries and requests for advice and assistance on issues relating to relocation to another country with a minor child. Related topics relate to the issue of consent for the application for a Passport for a minor child. Sometimes the issue of changing the child’s surname comes into the picture. Of course, if parents are in agreement regarding the issue of relocation and a passport application, all should go well. You may want to see a lawyer to formalise the arrangement to avoid any issues whilst the parent and the child lives abroad. However, if there are potential complications or issues of consent not being forthcoming, then this article would be of assistance. Why relocate, or emigrate from South Africa I want to learn more
Relocate with minor child. Parent Refusing Consent for a Passport
Parent Refusing Relocation, and Passport Application for Minor Child Often times, a parent would want to travel overseas, relocate or emigrate, and take the child with. However, the practical aspects thereof are not that easy. For starters, your child requires a passport. And what does the law say about passports of a minor child? As you would see later, both parents holding parental responsibilities and rights of guardianship should consent to a minor child obtaining a passport. That is a requirement in Law. But let’s say your child already has a passport. Can you still take your minor child out of the country or relocate? Yes, you can, as long as you have the consent of the other parent. This article does not only apply to parents of minor children who are not married to each other or separated. It applies to all parents of children holding parental responsibilities and I want to learn more
