The father does not want to consent to a passport and the Relocation from South Africa with my minor child. What are my rights?

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

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

What is the procedure to dispute child maintenance because I am not happy with the maintenance officer’s ruling

Questions posed when registering on www.ourlawyer.co.za/live   Question 1: Gauteng What is the procedure to dispute child maintenance because I am not happy with the maintenance officer’s ruling I want to take the matter back to court for formal enquiry in front of the magistrate? I have 3 minor kids aged 118 & 6. I have a bond paying 6000 – the officer said I can’t claim for accommodation which I was not happy with because we are not staying for free. Grocery of R3200 electricity R900 municipal water rates and taxes R1200. Domestic Worker 2500 school fees R3030 school transport R1800 medical aid 3060 uniform clothes twice a year. Stationery. House maintenance household expenditure. I want to dispute the order because the officer was baised. The officer told me that I can’t claim for accommodation because its my bond so it’s my problem. The officer said the domestic Worker I want to learn more

How do I get full custody over my child? Cape Town South Africa

How do I obtain contact, custody or visitation to my child? I need some advice and assistance. Issues of child custody, visitation or guardianship rights are usually difficult for parents to deal with. Parents have an inherent right and duty to form part of their child’s lives. Here we refer to parental rights and responsibilities.  However, it often happens that parents of a child cannot see eye to eye as to what is in their child’s best interests. More often than not, when parents are divorced, separated, or not living together, issues arise regarding the children they share. And then there is the case where parents want full custody over their children. These issues may range from the amount of contact the other parent may have, the school the child may attend, or what extra-mural activities the child should pursue. Either way, should parents not be on the same page, I want to learn more

I want to relocate with my minor child. What do I need to know with regard to the law?

Relocation with your minor child from South Africa – What are my rights? In today’s modern times, many people decide to leave South Africa and seek employment overseas or in a nearby country. The reason for that could be many. But usually, it’s because they feel they can earn much more in a different country or live a better life. Furthermore, safety and security, and medical benefits are on the list. What often happens is one parent wants to relocate, with a child, however, the other parent has an issue with it. As you will see later, the consent of both guardians is required for a minor child to leave the Republic of South Africa. Parents need to first discuss the issue of relocation before making a decision We are often approached by the parent wishing to relocate with the minor child for legal advice. It is often the mother. I want to learn more

How to get urgent Access to your Children without the services of a Lawyer

How to get urgent Access to your Children without the services of a Lawyer (Attorney or Advocate) Are you a father or mother of a child and the other parent refuses you access/contact to that child? If that is the case, you have a right to relief from the Court for Urgent Access. A couple would bring a child into this world. Whilst the relationship is ongoing, they can see eye to eye on what is best for the child and both parties form a productive part of the child’s life. Even if the couple is not living together, the father would see the child regularly and bond with the child as is needed. However, once the relationship has severed, it often happens that the parties cannot see eye to eye on what is best for the child regarding regular contact by the father. The mother would either blatantly refuse I want to learn more

Out of Community of Property with the inclusion of the Accrual Regime

Various Matrimonial Property Regimes focusing on the Accrual System Getting married is a legal act. With it comes certain responsibilities and rights. For example, you have a legal obligation to maintain your spouse. You cannot marry anyone else, and furthermore, your spouse can inherit from you interstate. Depending on the matrimonial property regime you entered into, certain legal consequences would apply regarding the proprietary (or money) aspects of your marriage. For example, to whom do money and assets belong to acquired during the marriage and before it. In South Africa, a person has three (3) choices when it comes to getting married in relation to your matrimonial property regime. They are explained briefly below. In Community of Property (Default system) A marriage in community of property is the default matrimonial property regime. You do not need to enter into an antenuptial contract in order to be married like this. Basically, I want to learn more

Grandparents may be ordered to pay child support for their grandchildren

Grandparents may be ordered to pay child support if the father refuses or cannot afford to do so. “DID YOU KNOW: Advocate Muhammad Abduroaf was the advocate who won a ground-breaking case for his client? Because of this case, it is now possible to claim maintenance from paternal grandparents of children born out of wedlock?. This was not possible for over 80 years. The relevant case is Petersen v Maintenance Officer Simon’s Town Maintenance Court and Others 2004 2 SA 56 (C) 381 .” Grandparents, parents and children – A child cannot choose his or her parents and grandparent. Moreover, every child would want to have parents who would try their best to maintain and support them until they are self-supporting. However, the reality is that that is not always the case. It often happens that parents renege on their duty to actively support their children. Grandparent supporting their grandchild I want to learn more

My child is 22 years old, do I still have a legal obligation to pay child maintenance?

I need to know, when does a parent’s obligation to pay child maintenance end? Paying child maintenance, or maintaining their child, is the legal obligation of every parent. A parent does not have a choice in this matter. However, the level and standard of contribution are dependent on the means of the parent. In this article, we will look at the aspect of when does child maintenance come to an end. In this regard, we will look at two situations, one where there is a maintenance order in place and the other where there is not. However, before proceeding with those issues, let us first deal with the issue of who should pay child maintenance. Pay child maintenance according to your means The law expects a parent to provide child support according to their respective memes. What this entails, is that a parent should only pay what he or she I want to learn more

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