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

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 ...
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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 ...
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https://www.ourlawyer.co.za/wp-content/uploads/Relocation.mp4 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 ...
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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 ...
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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 ...
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Parent Refusing Relocation, and Passport Application for Minor Child Advocate Muhammad Abduroaf – Advocate of the High Court of South Africa 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 ...
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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? 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. Consult with us, click here. What is a surname? A surname connects you to your family, ancestors and heritage. On the 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 minor child. Parent Refusing Consent for a Passport Father being refused contact to 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 usually ...
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View question and answers regarding child maintenance posted on this website in the past. You may find some of the answers useful. My son is now 10 years old when he was much younger his father would pay here and there in all the years i have been supporting him… i recently got married to the man that loves my son dearly as his own. we want to change his surname also but i need his fathers permission. he said its fine but i need him to send me forms to say i may i have been wait more than over a year now and he keeps saying he is going to send it. i feel if he doesnt want me to change his surname then he should pay and help …..which he has not done in so many years.  please advise me The father will always have an obligation to support his child. Father and mother separated when she was pregnant I also have a question to ask or questions rather….my sons father and i separated when i was just a few weeks pregnant, he left me for someone else. I went through the whole pregnancy alone and he never owned up to it. To easy the pressure on my pregnant self i left him alone…….we talked here and there and would even buy preparatory baby stuff for the unborn child upon being asked  only two times that happened. We never quiet spoke and when the baby was born as much as i hated it i knew i had to let him see him n put our differences aside its like we started on a new page. However, upon being asked to support the child he always made it feel like i was nagging or if not made t purely look lyk he was doing me a favour. Every month i constantly have to remind him of the support needed sometyms he goes months before assisting. I just stopped asking him altogether  and i blocked him on any other platform such that he hasnt seen his son for nearly 3 months, i have been taking care of everyrhing by myself and eve  when he gave something it was very little in comparison with what he gets and i make way less than him and have filed for child support with hearing to be held in april…..in light of these ...
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Lawyer, attorneys, advocates in Cape Town Below are searched phases regarding legal services in Cape Town, South Africa. We give a brief explanation. Maintenance Lawyers in Cape Town A maintenance Lawyer would assist you in obtaining child maintenance or maintenance for yourself. Legal Cape Town You would use this search term should you require legal advice or services in Cape Town Family law consultation This consultation would deal with various aspects of family law. This includes child maintenance, custody, domestic violence or divorce. Legal lawyer All lawyers deal with legal matters. Affordable family law attorney There are many affordable family law attorneys. Legal aid help Legal aid is for persons who cannot afford legal assistance. Family law issues This relates to various issues. I can be marital, custody or domestic violence. Legal services Various lawyers offers legal services. Custody attorney A child custody attorney would assist you in obtaining custody or visitation to your child Legal aid for poor people Legal Aid is there to assist people who cannot afford legal representation. Family law advice This relates to divorce, custody, and relationship issues. Custody law This relates to the rights of parents to their child. Marriage lawyer This lawyer would assist you in drafting an Antenuptial Contract and Divorcing parties. Family law attorney dealing with child custody This attorney would assist you with child custody issues. Legal divorce For a divorce to be legal, it needs to be done by a court of law. Child custody and visitation This relates to the right of parents and interested parties to have contact and care over a child. Alimony lawyer This lawyer assists spouses in receiving maintenance for themselves. Child custody attorney This attorney assists with child custody issues. This includes visitation. Legal aid lawyers These lawyers work for legal aid institutions. Divorce attorneys in Cape Town There are many divorce attorneys in Cape Town. Paternity lawyer This lawyer would assist should there be a dispute regarding paternity. Labour lawyers Cape Town There are many labour lawyers in Cape Town Divorce without a lawyer It is possible to divorce without a lawyer. Legal aid family law lawyers Legal aid does have famiily lawyers. Legal aid assistance This is where legal aid assists you. Family law adoption Adoption falls under family law. Speak to a family lawyer. Family law attorneys Theses attorneys deal with child custody, divorce and so on. Legal services civil ...
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Our Lawyer’s website has over 3000, yes three thousand legal advice questions and answers. No wonder this website keeps appearing when searching for family law and related matters. If you have not browsed through this website before; now is the time. You will find useful information and relevant articles. These articles relate to various aspects of family law and related matters. For example, child maintenance, child custody, divorce and so on. You would also find interesting articles relating to relocation as well as passport applications for minor children where consent is refused. Therefore, it is an authoritative website on family law. Furthermore, it is fast and secure. With over 3000 comments and answers on this website, why not go ahead and post your legal question today for free. Read an article you find interesting, and then leave a comment below. It is as easy as that. Anyone may respond to the comment. In this way, people with experience can provide valuable insight on the topic. https://www.ourlawyer.co.za/wp-content/uploads/3000-our-lawyer.mp4 Finding the right platform to assist you with your legal matters is not always easy. However, Our Lawyer makes it easy for you. Their platform comprises of the following: Paid Service Face to face legal advice; Telephonic legal advice; Video (FaceTime / Skype / WhatsApp) legal advice. There is no need to take time off work or visit our office for legal advice. Our telephonic and video service is there just for you. Complimentary resources Free products (visit www.ourlawyer.co.za/shop Free legal advice via our blog posts Go ahead, make use of the services offered by Our Lawyer (Pty) Ltd today. We are certain that you found the content on this website useful and interesting. Please consider sharing it on the share buttons below. They include Facebook, Twitter, LinkedIn, WhatsApp, Gmail and more. Someone may find it useful as well. Should you require business advice or services, feel free to click on these links: Business SA | Private Legal | Envirolaws Please share. Someone in need may find it useful ...
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