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

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

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

5 vital things all parents going through a divorce or separation should know

Child custody, guardianship and visitation (parental responsibilities and rights) – What do I need to know should I be going through a divorce or separation? Although it is not ideal, it often happens that parents divorce or break up. Their romantic or spousal relationship may have come to an end, but their co-parenting relationship continues if they have a child together. They need to be the best co-parents possible for their child. This should be the case despite their failed marriage or relationship. Sadly, sometimes the civility the parents had for each other does not transcend beyond their divorce or separation. Some parents in this situation have unresolved issues. It then often happens that the child becomes a victim of the conflict that ensures. They often use the child as a pawn to settle unresolved differences. This situation is not in the child’s best interest. What follows are five things I want to learn more

Child Custody, Maintenance, Divorce, Relocations and other Questions and Answers

Child Custody, Maintenance, Divorce, Relocations, and other Questions and Answers     Our Lawyer (Pty) Ltd provides professional legal advice to their clients through the following options: Face to Face (At our location in Cape Town); Telephonic (We call you on the South African Landline / Mobile number provided); Video (We make use of Skype, FaceTime, and WhatsApp Video Call) If however, you have a quick and simple family law advice question you wish to ask, feel free to post it below. There would, therefore, be no need to set-up a consultation and pay a fee.   The question may relate to any of the following: Child Maintenance; Child Custody; Divorce; Relocation of minor children; Change of minor children’s surname; Guardianship rights; Passport consent issues; Domestic violence; Parenting Plans; and so on.   Useful family law Articles Below are a few useful articles written by us. Child Relocation, Passports, Custody, I want to learn more

Questions posted on Live Q and A with Advocate Muhammad Abduroaf

Questions posted on Live Q and A with Advocate Muhammad Abduroaf 12 questions posed when registering on www.ourlawyer.co.za/live Question 1 Western Cape I have a restraining order against the mother of my child as she harasses myself and my family. I pay my maintenance however she refuses to let me see my son. It’s been almost a year now and I have reached out to social workers as well as mediation for a parenting plan but so far, no assistance – PLEASE HELP Question 2 Kwazulu Natal Divorced since 2013. Settlement agreement in place and through the years the maintenance amount stated on that agreement has changed. This year we relocated and my daughter was given the opportunity to live with her school principal in order to finish her Gr7 year in an excellent school. Her father notified me that he will not pay her maintenance to me because she I want to learn more

Parental Guardianship Consent when it comes to School – May a parent refused to give consent?

Parental consent for a minor child’s enrolment into a school – What can you do if co-guardianship consent is refused? Children have a right to a decent education—one which would benefit them in life. Every caring parent wants to give their child the best education possible according to their specific circumstances and station in life.  Not all parents earn the same amount of money or have access the best type of education. However, most parents will do their best, which the law and society expect of all parents. In doing so, they ensure that their child has the best opportunities in life. Parents co-operating in educating their minor children It is vitally important for parents to co-operate when it comes to their minor child’s education. This relates to the enrollment into a school, the paying of school fees, transportation, parent involvement, homework, etc. If one parent does not wish to I want to learn more

HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD

Hague Convention On The Civil Aspects Of International Child On 20 November 1996 the President assented  to the Hague Convention On The Civil Aspects Of International Child. The entire Act can be found at the end of this article. South Africa ratified the Convention in 1996 and the Act came into operation on 1 October 1997. The Convention’s main object is to enforce rights of custody over a child(ren) who has been wrongfully removed to or kept in a foreign country in breach of those rights and to secure the prompt return of the child(ren) to South Africa. https://www.justice.gov.za/hague/main.htm Below is the complete Convention found at https://www.gov.za/sites/default/files/gcis_document/201409/a72-96.pdf . NO. 72 OF 1996: HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD PRESIDENT’S OFFICE No. 1872. 20 November 1996 NO. 72 OF 1996: HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION ACT, 1996. It is hereby notified that the I want to learn more

Child born out of wedlock: Mother will not consent to her surname change and to be registered as her biological father. What can I do?

My Child was born out of wedlock: Her mother will not consent to her surname change and for me to be registered as her biological father. What can I do? It often happens that a child is registered at the Department of Home Affairs with the mother’s surname, and later the father wants the child to have his surname. The opposite is also true. This is when the child has the father’s surname, and the mother wants her to have her surname. This often happens in cases of children born out of wedlock, or in cases where the parents are divorced. So, what can a parent do to change the child’s surname? Read on to find out the answers below. Then there is the other scenario where the details of the father are not provided when registering the child with the Department of Home Affairs. One reason for this could I want to learn more

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