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?
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United Kingdom (UK)
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Australia
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United States of America (USA)
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New Zealand
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Canada
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Angola
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Botswana
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Chile
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Zimbabwe
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Germany
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Netherlands
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Swaziland
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Israel
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Portugal
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Mozambique
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Ireland
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Malawi
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Switzerland
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Namibia
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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: 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 ...
Passport Application for my child. I cannot find the father to give consent at the Department of Home Affairs
Passport Application for a minor child: Mother cannot find the father to provide the necessary consent at the Department of Home Affairs. The Application is therefore refused. Passport Application for a minor child: It is not easy being a single parent, and at the same time, the primary caregiver of the child. This is even so where the other parent pays child support and regularly sees the child. This article deals with the situation where the father of the child is missing. He, therefore, does not pay any child support, nor has a relationship with the child. This causes a problem when it comes to issues of guardianship rights. For example, when the mother wants to enrol the child in a school or provide medical consent. The question would always arise - "where is the father?", or "did the father give his consent?" When it comes to official matters, for example, the application for a passport, then things become more complicated. This is where the issue of parental consent for the application for a passport is looked at. Now let us first deal with the law. Parental Responsibilities and Rights of Fathers In short, if a father was married to the mother, he would automatically have full parental responsibilities and rights to the child born from them. This includes the rights of care, contact and guardianship. If he was not married to the mother of the child, he can acquire parental responsibilities and rights. In short, in order for the unmarried father to acquire parental responsibilities and rights, he has to form part of the child's life. He may also attempt to do so and the mother hinders it from happening. In the latter situation, he would still acquire parental responsibilities and rights. The Unmarried Father's Rights The unmarried father can acquire parental responsibilities and rights to his child in a number of ways. They include paying child support, visiting the child and so on. Therefore, not all fathers would have parental responsibilities and rights over their children. Some fathers just impregnated the mothers and went missing. Such a father cannot rock up, 12 years later and demand to take the child with him to the movies. I think you understand the point we are trying to make. What is the legal effect of having parental responsibilities and rights over a child? Should a father have parental responsibilities and rights ...
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 ...
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, consent is not required. However, the relocation from one province to another could have an effect on existing parental responsibilities and rights. Under these circumstances, a variation of the court order would be warranted. There are therefore also other issues involved when it comes to relocation. For example, what contact would the other parent who remains in South Africa have to the minor children after relocation? The aforementioned questions and a range of other related questions may be posed and answered below. Feel free to post your question should this blog post not have answered it. Can I move from South Africa to the United Kingdom with my child without the father's permission? If the father has parental responsibilities and rights of guardianship, his consent is required for the relocation to the United Kingdom. For example, if the father and the mother were married, then under those circumstances unless an order of court determines otherwise, the father's consent is required. If the father was not married to the mother, but in a long term relationship when the child was born, and involved in the child’s life after birth, then his consent under the circumstances would also be required. What do I do if the father refuses to consent to relocate to Germany? If a parent refuses to provide the necessary consent for relocation to another country, in this case, Germany, then the Court must be approached. Basically, you would ask the court to dispense with the requirement of the father’s consent ...
What are the rights of unmarried mothers and fathers wanting to travel overseas with their minor child if consent is refused?
I am an unmarried mother. I want to take my child with me on a holiday overseas, but the biological father of my child does not want to give consent and co-operate. What are my, and our child’s rights for a passport and to visit the United Kingdom? South Africa is one of the most beautiful countries in the world. We have mountains, seas, forests, lakes, and dams. It is the ideal holiday destination, and a countless number of people flock to our shores every year. But now and again, South Africans want to leave our borders and go on holiday to another country. For this, one usually only requires an air ticket, passport, and a visa. And of course, some money. Now the process of traveling overseas would be simple if you are an adult going on your own, or with another adult. What if a single parent wants to travel overseas with a minor child? But what if you want to travel overseas with your minor child? When we say minor child, we refer to a child under the age of 18 years old. Under normal circumstances, both parents would co-operate in applying for a visa and a passport for the minor child. But what if this is not the case? What if one parent does not want to consent to the minor child going overseas with the other parent? Let us explore the issues and laws involved. The parenting scenario – unmarried parents and the child Let’s say a couple had a child together and they are now separated. They were never married. The father was actively involved in the child’s life since the child’s birth. He paid child maintenance regularly and visited the child often. However, when the child was three (3) years old, he had challenges in obtaining regular contact with the minor child. Father approaches the Children’s Court The father then approaches the children’s court and he was awarded reasonable contact. This entailed him having the minor child every second weekend and a half of the school holidays. Telephone and special days' contact were also incorporated in the Court Order. The mother approaches the maintenance court The mother then took the father to the maintenance court, as according to her, the amount he was currently paying was not enough. The matter was then resolved and it was ordered that the father pays for all ...
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 be involved in the child's education, they should not hinder or obstruct the other parent from attending to the minor child's education. For example, if the primary caregiver wants to enrol the minor child into a school, the other parent should co-operate in signing the necessary documents etc. It would be gravely unfortunate if a child’s right to a reasonable education is being prejudiced because the uninterested parent does not want to co-operate. Parents not agreeing on the school the minor child should attend Having dealt with the critical aspect of a minor child receiving a decent education and them co-operating; parents sometimes have conflicting views on what type of education is in the minor child's best interests. Disputes may arise as to what school the minor child should attend or the subjects they should do. Parents being unable to agree on the essential aspects of the minor child's education can cause severe problems for the minor child's future. The law does not expect parents to agree on all aspects of the minor child's education. However, the disagreement should not compromise the minor child's education. If there is an impasse, a parent must give in. The law, therefore, expects parents to agree on those important issues regarding the minor child's education and work together on making the minor child's educational journey as smooth as possible. Where do most educational disputes stem from? Most parental disputes regarding a minor child's education arise when the parents are separated or not living together ...
Relocation of my minor child to Australia – What are my rights if the other parent refuses to give guardianship consent?
I want to relocate from South Africa to Australia with my minor child. The other parent does not want my child to relocate to Australia. What can I do? Australia 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 Australia, if a minor child will be joining that parent and also relocating to Australia, 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 Australia. Before we do so, let us list the various cities and towns in Australia to which you may want to relocate: Canberra, New South Wales, Albury-Wodonga, Armidale, Ballina, Balranald, Batemans Bay, Bathurst, Bega, Bourke, Bowral, Broken Hill, Byron Bay, Camden, Campbelltown, Cobar, Coffs Harbour, Cooma, Coonabarabran, Coonamble, Cootamundra, Corowa, Cowra, Deniliquin, Dubbo, Forbes, Forster, Glen Innes, Gosford, Goulburn, Grafton, Griffith, Gundagai, Gunnedah, Hay, Inverell, Junee, Katoomba, Kempsey, Kiama, Kurri Kurri, Lake Cargelligo, Lismore, Lithgow, Maitland, Moree, Moruya, Murwillumbah, Muswellbrook, Nambucca Heads, Narrabri, Narrandera, Newcastle, Nowra-Bomaderry, Orange, Parkes, Parramatta, Penrith, Port Macquarie, Queanbeyan, Raymond Terrace, Richmond, Scone, Singleton, Sydney, Tamworth, Taree, Temora, Tenterfield, Tumut, Ulladulla, Wagga Wagga, Wauchope, Wellington, West Wyalong, Windsor, Wollongong, Wyong, Yass, Young, Northern Territory, Alice Springs, Anthony Lagoon, Darwin, Katherine, Tennant Creek, Queensland, Ayr, Beaudesert, Blackwater, Bowen, Brisbane, Buderim, Bundaberg, Caboolture, Cairns, Charleville, Charters Towers, Cooktown, Dalby, Deception Bay, Emerald, Gatton, Gladstone, Gold Coast, Goondiwindi, Gympie, Hervey Bay, Ingham, Innisfail, Kingaroy, Mackay, Mareeba, Maroochydore, Maryborough, Moonie, Moranbah, Mount Isa, Mount Morgan, Moura, Redcliffe, Rockhampton, Roma, Stanthorpe, Toowoomba, Townsville, Warwick, Weipa, Winton, Yeppoon, South Australia, Adelaide, Ceduna, Clare, Coober Pedy, Gawler, Goolwa, Iron Knob, Leigh Creek, Loxton, Millicent, Mount Gambier, Murray Bridge, Naracoorte, Oodnadatta, Port Adelaide Enfield, Port Augusta, Port Lincoln, Port Pirie, Renmark, Victor Harbor, Whyalla, Tasmania, Beaconsfield, Bell Bay, Burnie, Devonport, Hobart, Kingston, Launceston, New Norfolk, Queenstown, Richmond, Rosebery, Smithton, Stanley, Ulverstone, Wynyard, Victoria, Albury-Wodonga, Ararat, Bacchus Marsh, Bairnsdale, Ballarat, Beechworth, Benalla, Bendigo, Castlemaine, Colac, Echuca, Geelong, Hamilton, Healesville, Horsham, Kerang, Kyabram, Kyneton, Lakes Entrance, Maryborough, Melbourne, Mildura, Moe, Morwell, Port Fairy, Portland, Sale, Sea Lake, Seymour, Shepparton, Sunbury, Swan Hill, Traralgon, Yarrawonga, Wangaratta, Warragul, Werribee, Wonthaggi, Western Australia, Broome, Bunbury, Busselton, Coolgardie, Dampier, Derby, Fremantle, Geraldton, Kalgoorlie, Kambalda, Katanning, Kwinana, Mandurah, Meekatharra, Mount ...
Relocation of my minor child to Brazil – What are my rights if the other parent refuses to give guardianship consent?
I want to relocate from South Africa to Brazil with my minor child. The other parent does not want my child to relocate to Brazil. What can I do? Brazil 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 Brazil, if a minor child will be joining that parent and also relocating to Brazil, 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 Brazil. Before we do so, let us list the various cities and towns in Brazil to which you may want to relocate: Acre, Rio Branco, Alagoas, Maceió, União dos Palmares, Amapá, Macapá, Amazonas, Itacoatiara, Manaus, Tefé, Bahia, Alagoinhas, Feira de Santana, Ilhéus, Itabuna, Jequié, Juazeiro, Paulo Afonso, Salvador, Vitória da Conquista, Ceará, Aracati, Crato, Fortaleza, Juazeiro do Norte, Sobral, Distrito Federal, Brasília, Espírito Santo, Cachoeiro de Itapemirim, Colatina, Fundão, Vila Velha, Vitória, Goiás, Anápolis, Catalão, Goiânia, Goiás, Ipameri, Jataí, Maranhão, Alcântara, Caxias, São Luís, Mato Grosso, Cuiabá, Mato Grosso do Sul, Campo Grande, Corumbá, Três Lagoas, Minas Gerais, Araguari, Barbacena, Belo Horizonte, Congonhas, Conselheiro Lafaiete, Diamantina, Divinópolis, Governador Valadares, Juiz de Fora, Mariana, Montes Claros, Nova Lima, Ouro Prêto, Passos, Patos de Minas, Poços de Caldas, Sabará, São João del Rei, Sete Lagoas, Teófilo Otoni, Uberaba, Uberlândia, Pará, Belém, Bragança, Monte Alegre, Óbidos, Santarém, Campina Grande, Paraíba, Campina Grande, João Pessoa, Paraná, Curitiba, Londrina, Maringá, Paranaguá, Ponta Grossa, Pernambuco, Caruaru, Garanhuns, Jaboatão, Olinda, Petrolândia, Petrolina, Recife, Piauí, Floriano, Parnaíba, Teresina, Rio de Janeiro, Angra dos Reis, Barra Mansa, Campos dos Goytacazes, Copacabana, Duque de Caxias, Nilópolis, Niterói, Nova Friburgo, Nova Iguaçu, Petrópolis, Resende, Rio de Janeiro, São Gonçalo, São João de Meriti, Teresópolis, Volta Redonda, Rio Grande do Norte, Mossoró, Natal, Rio Grande do Sul, Bagé, Bento Gonçalves, Canoas, Caxias do Sul, Novo Hamburgo, Passo Fundo, Pelotas, Porto Alegre, Rio Grande, Santa Maria, São Leopoldo, Uruguaiana, Rondônia, Guajará-Mirim, Pôrto Velho, Roraima, Boa Vista, Santa Catarina, Blumenau, Criciúma, Florianópolis, Itajaí, Lajes, Tubarão, São Paulo, Americana, Araçatuba, Araraquara, Barretos, Bauru, Botucatu, Campinas, Catanduva, Cubatão, Franca, Guaratinguetá, Guarujá, Guarulhos, Itapetininga, Jacareí, Jaú, Jundiaí, Limeira, Marília, Mogi das Cruzes, Osasco, Ourinhos, Piracicaba, Presidente Prudente, Ribeirão Prêto, Rio Claro, Santo André, Santos, São Bernardo ...
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 of my minor child to Canada – What are my rights if the other parent refuses to give guardianship consent?
I want to relocate from South Africa to Canada with my minor child. The other parent does not want my child to relocate to Canada. What can I do? Canada 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 Canada, if a minor child will be joining that parent and also relocating to Canada, 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 Canada. Before we do so, let us list the various cities and towns in Canada to which you may want to relocate: Alberta, Banff, Brooks, Calgary, Edmonton, Fort McMurray, Grande Prairie, Jasper, Lake Louise, Lethbridge, Medicine Hat, Red Deer, Saint Albert, British Columbia, Barkerville, Burnaby, Campbell River, Chilliwack, Courtenay, Cranbrook, Dawson Creek, Delta, Esquimalt, Fort Saint James, Fort Saint John, Hope, Kamloops, Kelowna, Kimberley, Kitimat, Langley, Nanaimo, Nelson, New Westminster, North Vancouver, Oak Bay, Penticton, Powell River, Prince George, Prince Rupert, Quesnel, Revelstoke, Rossland, Trail, Vancouver, Vernon, Victoria, West Vancouver, White Rock, Manitoba, Brandon, Churchill, Dauphin, Flin Flon, Kildonan, Saint Boniface, Swan River, Thompson, Winnipeg, York Factory, New Brunswick, Bathurst, Caraquet, Dalhousie, Fredericton, Miramichi, Moncton, Saint John, Newfoundland and Labrador, Argentia, Bonavista, Channel-Port aux Basques, Corner Brook, Ferryland, Gander, Grand Falls–Windsor, Happy Valley–Goose Bay, Harbour Grace, Labrador City, Placentia, Saint Anthony, St. John’s, Wabana, Northwest Territories, Fort Smith, Hay River, Inuvik, Tuktoyaktuk, Yellowknife, Nova Scotia, Baddeck, Digby, Glace Bay, Halifax, Liverpool, Louisbourg, Lunenburg, Pictou, Port Hawkesbury, Springhill, Sydney, Yarmouth, Nunavut, Iqaluit, Ontario, Bancroft, Barrie, Belleville, Brampton, Brantford, Brockville, Burlington, Cambridge, Chatham, Chatham-Kent, Cornwall, Elliot Lake, Etobicoke, Fort Erie, Fort Frances, Gananoque, Guelph, Hamilton, Iroquois Falls, Kapuskasing, Kawartha Lakes, Kenora, Kingston, Kirkland Lake, Kitchener, Laurentian Hills, London, Midland, Mississauga, Moose Factory, Moosonee, Niagara Falls, Niagara-on-the-Lake, North Bay, North York, Oakville, Orillia, Oshawa, Ottawa, Parry Sound, Perth, Peterborough, Picton, Port Colborne, Saint Catharines, Saint Thomas, Sarnia-Clearwater, Sault Sainte Marie, Scarborough, Simcoe, Stratford, Sudbury, Temiskaming Shores, Thorold, Thunder Bay, Timmins, Toronto, Trenton, Waterloo, Welland, West Nipissing, Windsor, Woodstock, York, Prince Edward Island, Borden, Cavendish, Charlottetown, Souris, Summerside, Quebec, Asbestos, Baie-Comeau, Beloeil, Cap-de-la-Madeleine, Chambly, Charlesbourg, Châteauguay, Chibougamau, Côte-Saint-Luc, Dorval, Gaspé, Gatineau, Granby, Havre-Saint-Pierre, Hull, Jonquière, Kuujjuaq, La Salle, La Tuque, Lachine, Laval, Lévis, ...
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
You would still be responsible to contribute towards the maintenance of your children. It is best to resolve and discuss this issue with the mother.
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
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.
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
Good day
It may be a good idea to make an application to court granting the parents sole guardianship rights while overseas.
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?
Sole guardianship rights may be considered and workable contact seeing that he is not always in SA.
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?
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.
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?
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.
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.