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 Custody and Relocation – Question and Answers by Advocate Muhammad Abduroaf

Zoom webinar during Woman’s Month hosted by Advocate Muhammad Abdurof – Child Custody and Relocation Below the video are some of the questions posed by the registrants that were not answered during the webinar held on 21 August 2020 at 11:00, hosted by Advocate Muhammad Abduroaf. Q: The father has only been paying half the maintenance – he was only covering the minor schooling. Now he has decided to study full time and stopped paying the minor school fees. The minors Contract at school has been terminated and is currently not attending school. I am unable to find a school at this time since half the year is gone. I am currently filing a maintenance application. A: We presume that there is no maintenance order in place. If that is the case, approaching the maintenance court is the correct thing to do. It sounds unreasonable for the father to only 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

Relocation and repatriation of minor children during the South African National Lockdown

Relocation and repatriation of minor children during the South African National lockdown. Is it possible if there is no consent from the other parent? Many parents before the lockdown had the intention to relocate to another country. It goes without saying that whatever plans they had to relocate at the start of the lockdown, was placed on hold. Having passed day 100 of the national lockdown, things have since changed.  Domestic travel has been allowed under certain circumstances and many people have been repatriated to their home countries. International travel, other than that for repatriation is allowed under certain circumstances. We advise those parents who wish to leave South Africa to consult the relevant regulations and the laws applicable to the country you wish to travel when deciding to leave South Africa. The high unemployment rate in South Africa due to the National Lockdown Then there is the issue of 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

Can a step-parent legally adopt their step-child? What are the rights of the biological parents after the adoption took place?

What are the legal implications of a step-parent adopting a child in South Africa? Is it possible and  what are the rights of the biological parents? It often happens that a couple marries and there are step-children involved. A spouse would therefore have a child from a previous relationship. The previous relationship could either have been a marriage or just a romantic experience. Sometimes, the step-parent would want to adopt the child, affording him or her legal rights and responsibilities over the child. This is the case, even if the other parent is still alive and in the picture. It may happen that a parent is not much involved in a child’s life and would not mind that the other parent who cares for the child have his or her spouse adopt the child. By doing so, the child would have the step-parent’s surname. The responsibility towards the child would I want to learn more

eNCA interview with Advocate Muhammad Abduroaf on Child Maintenance during the Lockdown

Advocate Muhammad Abduroaf being interviewed by eNCA on 18 May 2020 talking about child maintenance issues during the lockdown Advocate Muhammad Abduroaf highlights the importance of parents paying child maintenance during the lockdown and what parent can do should they be unable to pay it. Click below to view the video.

The Magistrate’s Permit – New regulations on Movement of children during the Lockdown

30 May 2020 – Latest Regulations on the movement of minor children during the lockdown – The introduction of the Magistrate’s Permit The Minister of Cooperative Governance and Traditional Affairs, Dr Nkosazana Dlamini Zuma, published new regulations regarding the Lockdown on 29 April 2020. As from 1 May 2020, South Africa’s lockdown would be on Level 4, one level down from when it started. The new regulations bring challenging changes regarding the movement of children between parents. For example, the provision of applying for a Magistrate’s permit. Therefore, some of the new regulations are welcomed by us, and others not. The regulations are further below. Click here to read an article regarding the previous regulations on the movement of children. Summary of the recent regulations that will come in effect tomorrow 1 May 2020: Local movement of children during the lockdown Movement of Children may only take place in the I want to learn more

Webinar – Gender Based Violence in South Africa GBV – What are your legal remedies?

Gender-Based Violence (GBV) in South Africa –  What are your legal remedies? – Video of Webinar that took place 28 August 2020 and hosted by Adv. Muhammad Abduroaf Gender-Based Violence is a real and serious problem in South Africa. A lot has been written on the topic, and the problem is ongoing.  Our Lawyer’s stance on this issue is that it should be eradicated. This would require the active input of government, the victims and the community. We wanted to continue with the conversation regarding Gender-Based Violence. We, therefore, invited those who have been affected thereby to partake in a Webinar entitled, “Gender-based Violence in South Africa – What are your legal remedies? Our Lawyer had a successful live webinar on this serious topic, whereby victims spoke out.  The webinar will be hosted by Adv. Muhammad Abduroaf. The video can be watched below.    

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