Consent for minor child for relocation and passport application

Relocation and Passport Application consent for a minor child

I intend to leave South Africa and relocate with my minor child. What do I need to be aware of? Have a look at the checklist below.

There is no reason to only live in one country for your entire life. Your work, or partner in life may force you to leave South Africa and relocate to another country. Many people relocate to the United States of America, United Kingdom, Asia, and the Middle East, to mention a few. When a parent wishes to leave South Africa and relocate to another country with a minor child, there are certain things he or she needs to be aware of. In essence, it is the issue of consent from the other parent or co-guardian. The reason for requiring consent is due to the prescripts of the Children’s Act. Section 18(3) of the Children’s Act states the following:

 

(3) Subject to subsections (4) and (5), a parent or other person who acts as guardian of a child must- (a) administer and safeguard the child’s property and property interests; (b) assist or represent the child in administrative, contractual and other legal matters; or (c) give or refuse any consent required by law in respect of the child, including- (i) consent to the child’s marriage; (ii) consent to the child’s adoption; (iii) consent to the child’s departure or removal from the Republic; (iv) consent to the child’s application for a passport; and (v) consent to the alienation or encumbrance of any immovable property of the child.

Sections 18(4) and 18(5) states:

(4) Whenever more than one person has guardianship of a child, each one of them is competent, subject to subsection (5), any other law or any order of a competent court to the contrary, to exercise independently and without the consent of the other any right or responsibility arising from such guardianship.

(5) Unless a competent court orders otherwise, the consent of all the persons that have guardianship of a child is necessary in respect of matters set out in subsection (3) (c) .

We bolded and underlined section 18(3)(iii) and 18(3)(iv) of the Children’s Act dealing with “(iii) consent to the child’s departure or removal from the Republic; (iv) consent to the child’s application for a passport”. So, if you are intending to relocate with your minor child to another country, make sure you comply with the following checklist:

Consent Checklist

Consent for a Passport for the minor child

– Ensure that you have the other parent or guardian’s consent for an application for a passport;

– Ensure that the other parent or guardian is willing to accompany you and the minor child to the Department of Home Affairs for the Application for, or renewal of the minor child’s passport.

– If the other parent or guardian does not want to give consent for the passport, then you need to approach the Court for the necessary consent.

You may want to double check with the Department of Home Affairs; but since we last checked, they require both parents and the child to be present when applying for the child’s passport. Therefore, a letter or affidavit from the absent parent may not be enough. This can be challenging if the parents live in different provinces.

 

Consent for relocation for the minor child

– Ensure that you have the other parent or guardian’s consent for the relocation;

– Ensure that the other parent or guardian is willing to provide written consent for the minor child’s removal from the country. The necessary documents may be obtained from the Department of Home Affairs’ website. Download the necessary documents and ensure that you have all your documents in order. It is always a good idea to pay them a visit to ensure that you have all you require. The last thing you want is to board the airplane and be told that certain documents are missing.

– If the other parent or guardian does not want to give consent for the relocation, then you need to approach the Court for the necessary consent.

Obtaining a court order

We always advise a parent who wishes to relocate overseas with a minor child to have a Court Order outlining the parental responsibilities and rights of both parents in it, as well as certain guardianship rights. For example, the order would outline when and how contact would be exercised, as well as when consent is not required by the other parent whilst overseas. In the latter regard, should the minor child wish to enroll into a school, the order may state that only one parent’s consent is required.

t is not required by the other parent whilst overseas. In the latter regard, should the minor child wish to enroll into a school, the order may state that only one parent’s consent is required.

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Various countries in the word. Which one are you intending to relocate to? Leave a comment below.

Afghanistan
Albania
Algeria
Andorra
Angola
Antigua and Barbuda
Argentina
Armenia
Australia
Austria
Azerbaijan
Bahamas
Bahrain
Bangladesh
Barbados
Belarus
Belgium
Belize
Benin
Bhutan
Bolivia
Bosnia and Herzegovina
Botswana
Brazil
Brunei
Bulgaria
Burkina Faso
Burundi
Cabo Verde
Cambodia
Cameroon
Canada
Central African Republic (CAR)
Chad
Chile
China
Colombia
Comoros
Congo, Democratic Republic of the
Congo, Republic of the
Costa Rica
Cote d’Ivoire
Croatia
Cuba
Cyprus
Czechia
Denmark
Djibouti
Dominica
Dominican Republic
Ecuador
Egypt
El Salvador
Equatorial Guinea
Eritrea
Estonia
Eswatini (formerly Swaziland)
Ethiopia
Fiji
Finland
France
Gabon
Gambia
Georgia
Germany
Ghana
Greece

Grenada
Guatemala

Guinea
Guinea-Bissau
GuyanaHaiti

Honduras
Hungary
IItaly
Iceland

India

Indonesia
Iran
Iraq
Ireland

Jamaica
Japan
Jordan
Kazakhstan

Kenya
Kiribati
Kosovo
Kuwait
Kyrgyzstan
Laos
Latvia
Lebanon
Lesotho
Liberia
Libya
Liechtenstein
Lithuania
Luxembourg
Madagascar
Malawi
Malaysia
Maldives
Mali
Malta
Marshall Islands
Mauritania
Mauritius
Mexico
Micronesia
Moldova
Monaco
Mongolia
Montenegro
Morocco
Mozambique
Myanmar (formerly Burma)
Namibia
Nauru
Nepal
Netherlands
New Zealand
Nicaragua
Niger
Nigeria
North Korea
North Macedonia (formerly Macedonia)
Norway
Oman
Pakistan
Palau

Palestine
Panama

Papua New Guinea
Paraguay

Peru
Philippines
Poland
PortugalQatar
Romania

Russia
Rwanda
Saint Kitts and Nevis
Saint Lucia

Saint Vincent and the Grenadines
Samoa
San Marino
Sao Tome and Principe
Saudi Arabia

Senegal
Serbia

Seychelles
Sierra Leone

Singapore
Slovakia
Slovenia
Solomon Islands
Somalia
South Africa
South Korea
South Sudan
Spain
Sri Lanka
Sudan
Suriname
Sweden
Switzerland
Syria
Taiwan
Tajikistan
Tanzania
Thailand
Timor-Leste
Togo
Tonga
Trinidad and Tobago
Tunisia
Turkey
Turkmenistan
Tuvalu
Uganda
Ukraine
United Arab Emirates (UAE)
United Kingdom (UK)
United States of America (USA)
Uruguay
Uzbekistan
Vanuatu
Vatican City (Holy See)
Venezuela
Vietnam
Yemen
Zambia
Zimbabwe

  • Consent for Relocation and Passport Application for minor children
  • Consent for Relocation and Passport Application for minor children
  • Consent for Relocation and Passport Application for minor children
  • Consent for Relocation and Passport Application for minor children
  • Consent for Relocation and Passport Application for minor children
  • Consent for Relocation and Passport Application for minor children
  • Consent for Relocation and Passport Application for minor children
  • Consent for Relocation and Passport Application for minor children
  • Consent for Relocation and Passport Application for minor children
  • Consent for Relocation and Passport Application for minor children

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