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Emigration and relocation from South Africa – Children’s Rights and that of Mother and Father

Emigration and Relocation from South African with the minor child

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.

Child born out of wedlock - Rights of parents

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 be that the mother is not certain who the father is, or just does not want him to be associated with the child. Either way, that section of the child’s birth registration is left blank. Now, what can such a father, or child do under such a situation? We approached Advocate Muhammad Abduroaf, a Family Law Expert for some advice on this issue. Read on if you want to know more. What is a surname? A surname connects you to your family, ancestors and heritage. On a rare occasion, your last name can be an omen that you carry with you for the rest of your life. Each parent would prefer to have their offspring have their family name to connect their child to them. But sometimes, getting it right can be a challenge, especially if the child’s parents are not married and do not share the same surname. You may find the following articles interesting: How do I get full custody over my child? Parental Child Abuse in Custody Cases Relocate with a minor child. Parent Refusing Consent for a Passport Father being refused contact with his child! What are his rights as a Father? Father's Parental Responsibilities and Rights to his Child Urgent Access to your Children without a Lawyer Parenting Plans and the Law What happens in a custody dispute where one parent is mentally ill? How to win your child custody and access court case – Tips and Tricks Most people get married, and the wife ...
Relocation consent Court Order for minor child to Qatar - Advocate Muhammad Abduroaf

Relocation of my minor child to Qatar – What are my rights if the other parent refuses to give guardianship consent?

I want to relocate from South Africa to Qatar with my minor child. The other parent does not want my child to relocate to Qatar. What can I do? Qatar is a popular destination to emigrate to. People emigrate from South Africa for many reasons. It ranges from better employment opportunities, family relations, or for a better standard of living. Whatever the reason a parent wants to relocate to Qatar, if a minor child will be joining that parent and also relocating to Qatar, then the parent remaining in South Africa’s consent would usually be required. Let us unpack the legal issues a parent may encounter when wanting to emigrate to Qatar. Before we do so, let us list the various cities and towns in Qatar to which you may want to relocate: Doha, Abu az Zuluf, Abu Thaylah, Ad Dawhah al Jadidah, Al `Arish, Al Bida` ash Sharqiyah, Al Ghanim, Al Ghuwariyah, Al Hilal al Gharbiyah, Al Hilal ash Sharqiyah, Al Hitmi, Al Jasrah, Al Jumaliyah, Al Ka`biyah, Al Khalifat, Al Khor, Al Khawr, Al Khuwayr, Al Mafjar, Al Qa`abiyah, Al Wakrah, second city, Al `Adhbah, An Najmah, Ar Rakiyat, Al Rayyan, Ar Ru'ays, As Salatah, As Salatah al Jadidah, As Sani`, As Sawq, Ath Thaqab, Blaré, Dukhan, Ras Laffan Industrial City, Umm Bab, Umm Sa'id, Umm Salal Ali, Umm Salal Mohammed. (https://www.wikiwand.com/simple/List_of_cities_in_Qatar) Why do I require the other parent's Consent to relocate to Qatar? According to South African law, if you are a co-holder of parental responsibilities and rights over your minor child, you must consent to your child leaving South Africa. In this case, relocating to Qatar. Here we refer to section 18 of the Children's Act 38 of 2005. The entire provision is as follows: 18 Parental responsibilities and rights  (1) A person may have either full or specific parental responsibilities and rights in respect of a child.  (2) The parental responsibilities and rights that a person may have in respect of a child, include the responsibility and the right-  (a) to care for the child;  (b) to maintain contact with the child;  (c) to act as guardian of the child; and  (d) to contribute to the maintenance of the child.  (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 ...
Relocation Notice of Motion High Court Adv Muhammad Abduroaf London

Relocation of minor children from South Africa High Court Consent Application Example

I want to relocate from South Africa with my minor child. The other parent does not want to consent. I need an example of a High Court Application where consent is not required. In South Africa, the requirement for the consent of the other parent to relocate with a child is often rooted in the best interests of the child. Relocating a child can have significant implications for their relationship with both parents, as well as their overall well-being. If a parent has the parental responsibility of guardianship over a child, his or her consent is required should the minor child leave South Africa. Why is a parent's consent required for the relocation of a minor child? When a parent wishes to move with a child from South Africa to any other country, either permanently or temporarily, the consent of the other parent or approval from the court is required. This is to ensure that both parents have a say in decisions that affect the child's life and to prevent one parent from unilaterally making decisions that might negatively impact the child's relationship with the other parent. It's essential to consult with a family law attorney or advocate in South Africa who can provide advice based on the specific circumstances of your case. Keep in mind that family law is subject to change, so it's crucial to get the most up-to-date information from a legal professional familiar with the current laws in South Africa. Below is an example of a High Court Application for the relocation of a minor child to the United States of America. Require legal assistance with the relocation of your minor child? Should you require legal assistance with the relocation of your minor child, feel free to contact us in this regard ...
Relocation consent for minor child to Germany - Adv Muhammad Abduroaf

Minor Child Relocation Consent for Germany – What are my legal rights?

I want to relocate from South Africa to Germany with my minor child. The other parent does not want my child to relocate to Germany. What can I do? Germany is a popular destination to emigrate to. People emigrate from South Africa for many reasons. It ranges from better employment opportunities, family relations, or for a better standard of living. Whatever the reason a parent wants to relocate to Germany, if a minor child will be joining that parent and also relocating to Germany, then the parent remaining in South Africa’s consent would usually be required. Let us unpack the legal issues a parent may encounter when wanting to emigrate to Germany. Before we do so, let us list the various cities and towns in Germany to which you may want to relocate: Baden-Württemberg , Aalen , Bad Mergentheim , Baden-Baden , Bruchsal , Esslingen , Freiburg im Breisgau , Freudenstadt , Friedrichshafen , Göppingen , Hechingen , Heidelberg , Heilbronn , Karlsruhe , Konstanz , Ludwigsburg , Mannheim , Offenburg , Pforzheim , Ravensburg , Reutlingen , Schwäbisch Gmünd , Schwäbisch Hall , Stuttgart , Tübingen , Ulm , Bavaria , Amberg , Ansbach , Aschaffenburg , Augsburg , Bad Reichenhall , Bamberg , Bayreuth , Berchtesgaden , Coburg , Dachau , Deggendorf , Dinkelsbühl , Donauwörth , Erlangen , Freising , Fürth , Füssen , Garmisch-Partenkirchen , Ingolstadt , Kempten , Landshut , Lindau , Memmingen , Mittenwald , Munich , Nördlingen , Nürnberg , Passau , Regensburg , Rothenburg ob der Tauber , Würzburg , Berlin , Berlin , Charlottenburg (district) , Spandau (area) , Tempelhof (area) , Tiergarten (area) , Brandenburg , Brandenburg , Cottbus , Eberswalde , Frankfurt an der Oder , Potsdam , Schwedt , Bremen , Bremen , Bremerhaven , Hamburg , Hamburg , Altona (district) , Hessen , Bad Homburg , Darmstadt , Frankfurt am Main , Fulda , Giessen , Hanau , Kassel , Lorsch , Marburg , Offenbach , Rüdesheim , Wiesbaden , Lower Saxony , Bad Gandersheim , Bad Harzburg , Braunschweig , Celle , Cuxhaven , Delmenhorst , Emden , Goslar , Göttingen , Hameln , Hannover , Helmstedt , Hildesheim , Lüneburg , Oldenburg , Osnabrück , Salzgitter , Stade , Wilhelmshaven , Wolfsburg , Mecklenburg-West Pomerania , Greifswald , Güstrow , Neubrandenburg , Peenemünde , Rostock , Schwerin , Stralsund , Wismar , North Rhine-Westphalia , ...
/ relocation
Passport Applications for a Minor Child - Parent Refusing Consent and to Co-operate

Passport Application of a Minor Child and Consent – Department of Home Affairs

Passport Applications for minor children: What you need to know - Department of Home Affairs - Questions  and Answers Should you require any advice on an application for a passport of a minor, where the co-parent refuses to consent or co-operate;  feel free to set up a consultation with us. You may call 0211110090 or click here to do it online. Leaving South Africa, and visiting another country is something many people do on a daily basis. The reason, therefore, could either be for a holiday, business, a death in the family, and so on. Or it might be to relocate to another country to start a new life, either alone, or with your spouse or children. Whatever the reason is, you require a passport when leaving South Africa. For an adult, all you need to do is visit your nearest Department of Home Affairs Offices, with proof of identity, and the prescribed fees, and take your picture, fingerprints, etc. However, if you are a minor child, under the age of 18, it is not that simple. You would need to go with both your parents, and they need to provide their consent. Parental Consent and Co-operation for a Passport Application of a Minor child According to Section 18 (3) of the Children's Act, both parent's consent is required for a minor's application for a passport. This is why we refer to consent and co-operation. Co-operation in the sense of going with to the Department of Home Affairs and giving the consent. Now, this can cause a problem should a parent not agree to the application for a passport. Therefore, one of two things could happen in practice should there be children involved. Either the parent would have to go overseas without the children, or not at all. Before we deal with such a scenario in detail, a bit later, let's look at the law in a bit more detail. A child's Constitutional right to a Passport Our Constitution, Act 108 of 1996 is the supreme law of the Country. All laws and practices should be in line with it. Therefore, it's always a good idea to find out what it says. Section 21(4) of our Constitution states the following: "Every citizen has the right to a passport." This is a fundamental right. The question would then be asked, if that is a fundamental right, why would you still require ...
Relocation consent Court Order for minor child to Ireland - Advocate Muhammad Abduroaf

Relocation of my minor child to Ireland – What are my rights if the other parent refuses to give guardianship consent?

I want to relocate from South Africa to Ireland with my minor child. The other parent does not want my child to relocate to Ireland. What can I do? Ireland is a popular destination to emigrate to. People emigrate from South Africa for many reasons. It ranges from better employment opportunities, family relations, or for a better standard of living. Whatever the reason a parent wants to relocate to Ireland, if a minor child will be joining that parent and also relocating to Ireland, then the parent remaining in South Africa’s consent would usually be required. Let us unpack the legal issues a parent may encounter when wanting to emigrate to Ireland. Before we do so, let us list the various cities and towns in Ireland to which you may want to relocate: Dublin, Cork, Galway, Limerick, Waterford, Drogheda, Dún Dealgan, Swords, Blackrock, Tralee, Carlow, Ennis, Dunleary, Kilkenny, Naas, Sligo, Monaghan, Ros Comáin, Mullingar, Tallaght, Wicklow, Clonmel, Wexford, Longford, Trim, Carrick on Shannon, Tullamore, Nenagh, An Cabhán, Port Laoise, Castlebar, Lifford. (https://simplemaps.com/data/ie-cities) Why do I require the other parent's Consent to relocate to Ireland? According to South African law, if you are a co-holder of parental responsibilities and rights over your minor child, you must consent to your child leaving South Africa. In this case, relocating to Ireland. Here we refer to section 18 of the Children's Act 38 of 2005. The entire provision is as follows: 18 Parental responsibilities and rights  (1) A person may have either full or specific parental responsibilities and rights in respect of a child.  (2) The parental responsibilities and rights that a person may have in respect of a child, include the responsibility and the right-  (a) to care for the child;  (b) to maintain contact with the child;  (c) to act as guardian of the child; and  (d) to contribute to the maintenance of the child.  (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 ...
Relocation consent for minor child to Netherlands - Advocate Muhammad Abduroaf

Relocation of my minor child to the Netherlands – What are my rights if the other parent refuses to give guardianship consent?

I want to relocate from South Africa to the Netherlands with my minor child. The other parent does not want my child to relocate to the Netherlands. What can I do? The Netherlands is a popular destination to emigrate to. People emigrate from South Africa for many reasons. It ranges from better employment opportunities, family relations, or for a better standard of living. Whatever the reason a parent wants to relocate to the Netherlands, if a minor child will be joining that parent and also relocating to the Netherlands, then the parent remaining in South Africa’s consent would usually be required. Let us unpack the legal issues a parent may encounter when wanting to emigrate to the Netherlands. Before we do so, let us list the various cities and towns in the Netherlands to which you may want to relocate: Drenthe (province), Meppel, Flevoland (province), Lelystad, Friesland (province), Leeuwarden, Sneek, Gelderland (province), Nijmegen, Renkum, Rheden, Tiel, Zutphen, Groningen (province), Groningen, Limburg (province), Kerkrade, Maastricht, Roermond, Sittard, Tegelen, Venlo, Noord-Brabant (province), Oss, Roosendaal, ’s-Hertogenbosch, Tilburg, Noord-Holland (province), the Netherlands, Den Helder, Marken, Velsen, Volendam, Zaanstad, Overijssel (province), Kampen, Zwolle, Utrecht (province), Soest, Utrecht, Zeist, Zeeland (province), Middelburg, Vlissingen, Zuid-Holland (province), The Hague, Scheveningen, Katwijk, Leiden, Lisse, Rijswijk, Rotterdam, Schiedam, Vlaardingen, Zoetermeer, Caribbean Netherlands (special municipalities), Bonaire (special municipality), Saba (special municipality), Sint Eustatius (special municipality), Aruba (unitary state), Oranjestad, San Nicolas, Curaçao (unitary state), Willemstad, Sint Maarten (unitary state) (https://www.britannica.com/topic/list-of-cities-and-towns-in-the-Netherlands-2055398) Why do I require the other parent's Consent to relocate to the Netherlands? According to South African law, if you are a co-holder of parental responsibilities and rights over your minor child, you must consent to your child leaving South Africa. In this case, relocating to the Netherlands. Here we refer to section 18 of the Children's Act 38 of 2005. The entire provision is as follows: 18 Parental responsibilities and rights  (1) A person may have either full or specific parental responsibilities and rights in respect of a child.  (2) The parental responsibilities and rights that a person may have in respect of a child, include the responsibility and the right-  (a) to care for the child;  (b) to maintain contact with the child;  (c) to act as guardian of the child; and  (d) to contribute to the maintenance of the child.  (3) Subject to subsections (4) and (5), a parent or other person who acts as guardian of a ...
Relocation - Refusal of Consent for passport and removal

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 rights over them, married, separated, or divorced. Before we move on, let us look at the most popular countries South African's relocate to. Popular relocation countries for South Africans If you wish to emigrate from South Africa, there are many places in this world to consider. Some would be more ideal than others. But it all depends on the reason for the relocation. Here is a list of the top countries South Africans and emigrating to: 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 If you intend to relocate to a country or region not mentioned above, read on, this article still applies to you. The parent refuses to consent to emigration Parents of minor children differ on many things. Sometimes it's minor issues. For instance, which clothes the child should wear. However, some disagreements are serious and exhausting.  For instance, what school should the minor child attend, or extra-mural activities to partake in? What school a child attend can affect the contact rights of parents when they live in separate homes. Now turning to this article. What if one parent wants to go away on holiday or relocate with the child, and the other parent refuses to give consent. One obvious reason to object to a relocation would be that the parent that remains in South Africa may not see the child for some time. This becomes a problem if ...
Consent for Relocation and Passport Application for minor children

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 father may have guardianship rights. This would be the case even though the father's name is not mentioned on the child's birth certificate. This is so as the Children's Act affords certain rights to unmarried fathers. Therefore, if an unmarried father has parental rights and responsibilities of guardianship, his consent is required. This we deal with next. Guardian's Consent for relocation and passport - What does the law say? The Children's Act states the following: 18 Parental responsibilities and rights (1) A person may have either full or specific parental responsibilities and rights in respect of a child. (2) The parental responsibilities and rights that a person may have in respect of a child, include the responsibility and the right- (a) to care for the child; (b) to maintain contact with the child; (c) to act as guardian of the child; and (d) to contribute to the maintenance of the child. (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 ...
Relocation consent Court Order for minor child to Spain - Advocate Muhammad Abduroaf

Relocation of my minor child to Spain – What are my rights if the other parent refuses to give guardianship consent?

I want to relocate from South Africa to Spain with my minor child. The other parent does not want my child to relocate to Spain. What can I do? Spain is a popular destination to emigrate to. People emigrate from South Africa for many reasons. It ranges from better employment opportunities, family relations, or for a better standard of living. Whatever the reason a parent wants to relocate to Spain, if a minor child will be joining that parent and also relocating to Spain, then the parent remaining in South Africa’s consent would usually be required. Let us unpack the legal issues a parent may encounter when wanting to emigrate to Spain. Before we do so, let us list the various cities and towns in Spain to which you may want to relocate: Andalusia, Almería, Almería, Cádiz, Algeciras, Arcos de la Frontera, Cádiz, Chiclana de la Frontera, El Puerto de Santa María, Jerez de la Frontera, La Línea, Puerto Real, San Fernando, Sanlúcar de Barrameda, Córdoba, Bujalance, Cabra, Córdoba, Lucena, Montilla, Peñarroya-Pueblonuevo, Priego de Córdoba, Puente-Genil, Granada, Andújar, Baza, Granada, Guadix, Motril, Huelva, Huelva, Jaén, Jaén, Linares, Martos, Úbeda, Málaga, Antequera, Coín, Málaga, Melilla, Ronda, Sevilla, Alcalá de Guadaira, Carmona, Dos Hermanas, Ecija, Lebrija, Lora del Río, Marchena, Morón de la Frontera, Osuna, Sevilla, Utrera, Aragon, Huesca, Huesca, Jaca, Teruel, Teruel, Zaragoza, Zaragoza, Asturias, Avilés, Cabañaquinta, Cangas de Narcea, Covadonga, Gijón, Luarca, Mieres, Oviedo, Pola de Siero, San Martín del Rey Aurelio, Tineo, Villaviciosa, Balearic Islands, Palma, Maó, Basque Country, Álava, Vitoria-Gasteiz, Guipúzcoa, Donostia–San Sebastián, Eibar, Irun, Vizcaya, Barakaldo, Bilbao, Getxo, Guernica, Portugalete, Santurtzi, Sestao, Canary Islands, Las Palmas, Arucas, Las Palmas, Telde, Santa Cruz de Tenerife, La Orotava, Santa Cruz de Tenerife, Cantabria, Santander, Torrelavega, Castile–La Mancha, Albacete, Albacete, Hellín, Villarrobledo, Ciudad Real, Alcázar de San Juan, Almadén, Ciudad Real, Puertollano, Tomelloso, Valdepeñas, Cuenca, Cuenca, Guadalajara, Guadalajara, Toledo, Talavera de la Reina, Toledo, Castile–León, Ávila, Ávila, Burgos, Burgos, Miranda de Ebro, León, Astorga, León, Ponferrada, Palencia, Palencia, Salamanca, Ciudad Rodrigo, Salamanca, Segovia, San Ildefonso, Segovia, Soria, Soria, Valladolid, Simancas, Valladolid, Zamora, Toro, Zamora, Catalonia, Barcelona, Badalona, Barcelona, Cornellà, Granollers, L’Hospitalet de Llobregat, Manresa, Mataró, Reus, Sabadell, Santa Coloma de Gramenet, Terrassa, Vic, Vilanova i la Geltrú, Girona, Girona, Llívia, Lleida, Lleida, Tarragona, Tarragona, Tortosa, Ceuta (autonomous city), Extremadura, Badajoz, Almendralejo, Badajoz, Don Benito, Mérida, Villanueva de la Serena, Cáceres, Alcántara, Cáceres, Guadalupe, Plasencia, Trujillo, Galicia, A Coruña, A Coruña, ...

About the Author

Advocate South Africa

Legal Advisor for Our Lawyer (Pty) Ltd
Call 0211110090
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13 thoughts on “Emigration and relocation from South Africa – Children’s Rights and that of Mother and Father

  1. Hi my exwife and new husband imagrate from South Africa to New Zealand that means that i will hardly see my son take actually my visit right that is every school holidays and because of the distance now and the cost off flught ticket is R50000 per person i wil not be able to visit every year to be with my 13 year old in South Africa we agree that i paid school fees i put my daugther thrue grade 12 my son grade 6 and they get they school fees in New Zealand that the governance paid for it she now want to do a homeschool for our son iam i still reliable for school fees

  2. Can anyone explain the process or if it is possible. My brother would like to take care of my daughter in London. Is that possible. I’m with her dad, we are married but her uncle would like her to come live with him. Would that be possible or is relocation only if the parent is abroad

    1. If the mother and the father is in agreement and all is sorted with the UK immigration authorities, then there should not be much of an issue. However, the UK authorities may have specific requirements.

  3. Hi
    Apart from the consent, what needs to be done before ine parent can relocate to another country with the minor children when consent is given? New parenting plan? what process do we need to complete

  4. In a nutshell, my child’s father is planning on going to work overseas indefinitely for 6 months at a time. He is basically relocating there and coming home for two one month holidays per year. He has left her before to move elsewhere in the country. She resides with me and visits him every second weekend, due to his life choices, I make all the decisions for her with her best interests at heart. Should I be going for full legal custody with him getting visitation when he is here?

  5. This is a case of a biological father and biological mother of a minor. The minor was born while the biological father and mother were engaged but the engagement was terminated. The biological father is married to another woman and decided to emigrate to New Zealand. The biological mother and biological father agreed that the minor (now 13 years old) could emigrate to New Zealand with the biological father and his wife. The minor is currently in New Zealand and lives with his biological father and is enrolled in a school. The biological father applied with the consent of the biological mother so that the minor could apply for citizenship of New Zealand. A parenting plan was drawn up in terms of Children’s Act 38 of 2005 and was approved by the Family Attorney at Palm Ridge Court Alberton. He recommended that it be in the best interests of the minor that he be able to emigrate to New Zealand with his biological father and that he also be able to apply for New Zealand citizenship. The Parenting Plan was served before the Children’s Court but the Magistrate found that the Parenting Plan could not be made a court order by the court as the minor is currently in New Zealand. The Chief Magistrate made a similar finding. The question now is; Does the Parent Plan have any legal force in New Zealand that can prove that the biological father and biological mother did agree that the biological father can apply for New Zealand citizenship on behalf of the minor?

    1. Good day

      It would be best to speak to the New Zealand authorities as to what the legal effect of the parenting plan is. It may be best to consult with a lawyer that side.

  6. This is a case of a biological father and biological mother of a minor.
    The minor was born while the biological father and mother were engaged but the engagement was terminated.
    The biological father is married to another woman and decided to emigrate to New Zealand.
    The biological mother and biological father agreed that the minor (now 13 years old) could emigrate to New Zealand with the biological father and his wife.
    The minor is currently in New Zealand and lives with his biological father and is enrolled in a school.
    The biological father applied with the consent of the biological mother so that the minor could apply for citizenship of New Zealand.
    A parenting plan was drawn up in terms of Children’s Act 38 of 2005 and was approved by the Family Attorney at Palm Ridge Court Alberton. He recommended that it be in the best interests of the minor that he be able to emigrate to New Zealand with his biological father and that he also be able to apply for New Zealand citizenship.
    The Parenting Plan was served before the Children’s Court but the Magistrate found that the Parenting Plan could not be made a court order by the court as the minor is currently in New Zealand.
    The Chief Magistrate made a similar finding.
    The question now is; Does the Parent Plan have any legal force in New Zealand that can prove that the biological father and biological mother did agree that the biological father can apply for New Zealand citizenship on behalf of the minor?

  7. Hi, would it be possible to assist with answering one question for me please?
    I am a single mother of 16 year old boy.
    There is a parenting plan and maintenance order in place.
    The father emigrated to the UK last year. Address unknown. But planning to visit family and his son next month. In contact with his son on whatsapp.
    He has stopped maintenance payments.
    My question is: CAN ANYTHING BE DONE…..? I AM STRUGGLING TO COPE FINANCIALLY.

    1. Good day
      Lay a complaint at the maintenance court for non-compliance. Advise them that he will be in SA soon. They can then get everything in order to charge him for contempt of court when he is in SA. The court may advise you otherwise, or assist you differently.

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