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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.

Advocate Muhammad Abduroaf Attorney Appeal Constitutional Court Supreme Court 

Relocation with my minor child to «Country», «City_1» (Consent and Refusal) – Advocate Muhammad Abduroaf

13 Relocation with my minor child to India, Mumbai (Consent and Refusal) – Advocate Muhammad Abduroaf The world is becoming a much smaller place, and technology plays a huge role. People are moving across the world for employment, love and happiness, something that was not the norm a few decades ago. There is no reason why you should remain in South Africa if you can find a better life for yourself and your family overseas. Moving overseas may provide you with the quality of life you want or the possibility of experiencing things you always wanted. The same applies to your child or children relocating with you. Relocation of your minor child to Mumbai, India If you are single and do not have any minor children, then moving around the world would not be too complicated. All you need to do is ensure that you have the necessary travel documentation and travel ticket (and spending money), and off you go. However, if you want to travel with your minor children (for example, ages seven or eight) or relocate to another country, things may not be that simple. Firstly, if there is another parent, and he or she has parental responsibilities and rights, then his or her consent is required. For example, let us say you live in Benoni or Empangeni, South Africa, and you want to relocate to Mumbai, India, you would require the other parent’s consent to leave South Africa with your minor child. This can cause challenges, especially if the staying parent (in South Africa) does not agree to the relocation. What about Passport Consent to travel or relocate to Mumbai, India? The same applies when it comes to your minor child applying for a South African passport to relocate to India, or any country. Both parents who have parental responsibilities and rights of guardianship will have to consent to the minor child’s passport application as well. In this regard, both parents have to be at the Department of Home Affairs (or the relevant bank that also assists with passport application) when making the Application with the minor child. This can be challenging if you have a disinterested parent who does not want to cooperate with the passport application. As you will see later, legal action would need to be taken. What are the steps to follow when I want to relocate to Mumbai, India with my minor ...
/ child custody, Family Law
Relocation minor child South Africa Advocate Abduroaf Germany Berlin

Relocation with my minor child to Germany, Berlin (Consent and Refusal) – Advocate Muhammad Abduroaf

Relocation with my minor child to Germany, Berlin (Consent and Refusal) – Advocate Muhammad Abduroaf The world is becoming a much smaller place, and technology plays a huge role. People are moving across the world for employment, love and happiness, something that was not the norm a few decades ago. There is no reason why you should remain in South Africa if you can find a better life for yourself and your family overseas. Moving overseas may provide you with the quality of life you want or the possibility of experiencing things you always wanted. The same applies to your child or children relocating with you. Relocation of your minor child to Berlin, Germany If you are single and do not have any minor children, then moving around the world would not be too complicated. All you need to do is ensure that you have the necessary travel documentation and travel ticket (and spending money), and off you go. However, if you want to travel with your minor children (for example, ages one or two) or relocate to another country, things may not be that simple. Firstly, if there is another parent, and he or she has parental responsibilities and rights, then his or her consent is required. For example, let us say you live in Simon’s Town or Phalaborwa, South Africa, and you want to relocate to Berlin, Germany, you would require the other parent’s consent to leave South Africa with your minor child. This can cause challenges, especially if the staying parent (in South Africa) does not agree to the relocation. What about Passport Consent to travel or relocate to Berlin, Germany? The same applies when it comes to your minor child applying for a South African passport to relocate to Germany, or any country. Both parents who have parental responsibilities and rights of guardianship will have to consent to the minor child’s passport application as well. In this regard, both parents have to be at the Department of Home Affairs (or the relevant bank that also assists with passport application) when making the Application with the minor child. This can be challenging if you have a disinterested parent who does not want to cooperate with the passport application. As you will see later, legal action would need to be taken. What are the steps to follow when I want to relocate to Berlin, Germany with my minor ...
Relocation minor child South Africa Advocate Abduroaf United States New York

Relocation with my minor child to United States, New York City (Consent and Refusal) – Advocate Muhammad Abduroaf

Relocation with my minor child to United States, New York City (Consent and Refusal) – Advocate Muhammad Abduroaf The world is becoming a much smaller place, and technology plays a huge role. People are moving across the world for employment, love and happiness, something that was not the norm a few decades ago. There is no reason why you should remain in South Africa if you can find a better life for yourself and your family overseas. Moving overseas may provide you with the quality of life you want or the possibility of experiencing things you always wanted. The same applies to your child or children relocating with you. Relocation of your minor child to New York City, United States If you are single and do not have any minor children, then moving around the world would not be too complicated. All you need to do is ensure that you have the necessary travel documentation and travel ticket (and spending money), and off you go. However, if you want to travel with your minor children (for example, ages five or six) or relocate to another country, things may not be that simple. Firstly, if there is another parent, and he or she has parental responsibilities and rights, then his or her consent is required. For example, let us say you live in King William’s Town or Parys, South Africa, and you want to relocate to New York City, United States, you would require the other parent’s consent to leave South Africa with your minor child. This can cause challenges, especially if the staying parent (in South Africa) does not agree to the relocation. What about Passport Consent to travel or relocate to New York City, United States? The same applies when it comes to your minor child applying for a South African passport to relocate to United States, or any country. Both parents who have parental responsibilities and rights of guardianship will have to consent to the minor child’s passport application as well. In this regard, both parents have to be at the Department of Home Affairs (or the relevant bank that also assists with passport application) when making the Application with the minor child. This can be challenging if you have a disinterested parent who does not want to cooperate with the passport application. As you will see later, legal action would need to be taken. What are the ...
Relocation minor child South Africa Advocate Abduroaf Spain Palma de Mallorca

Relocation with my minor child to Taiwan, Taipei (Consent and Refusal) – Advocate Muhammad Abduroaf

Relocation with my minor child to Taiwan, Taipei (Consent and Refusal) – Advocate Muhammad Abduroaf The world is becoming a much smaller place, and technology plays a huge role. People are moving across the world for employment, love and happiness, something that was not the norm a few decades ago. There is no reason why you should remain in South Africa if you can find a better life for yourself and your family overseas. Moving overseas may provide you with the quality of life you want or the possibility of experiencing things you always wanted. The same applies to your child or children relocating with you. Relocation of your minor child to Taipei, Taiwan If you are single and do not have any minor children, then moving around the world would not be too complicated. All you need to do is ensure that you have the necessary travel documentation and travel ticket (and spending money), and off you go. However, if you want to travel with your minor children (for example, ages nine or ten) or relocate to another country, things may not be that simple. Firstly, if there is another parent, and he or she has parental responsibilities and rights, then his or her consent is required. For example, let us say you live in Krugersdorp or Umlazi, South Africa, and you want to relocate to Taipei, Taiwan, you would require the other parent’s consent to leave South Africa with your minor child. This can cause challenges, especially if the staying parent (in South Africa) does not agree to the relocation. What about Passport Consent to travel or relocate to Taipei, Taiwan? The same applies when it comes to your minor child applying for a South African passport to relocate to Taiwan, or any country. Both parents who have parental responsibilities and rights of guardianship will have to consent to the minor child’s passport application as well. In this regard, both parents have to be at the Department of Home Affairs (or the relevant bank that also assists with passport application) when making the Application with the minor child. This can be challenging if you have a disinterested parent who does not want to cooperate with the passport application. As you will see later, legal action would need to be taken. What are the steps to follow when I want to relocate to Taipei, Taiwan with my minor child? ...
Relocation minor child South Africa Advocate Abduroaf Ireland Dublin

Relocation with my minor child to Ireland, Dublin (Consent and Refusal) – Advocate Muhammad Abduroaf

Relocation with my minor child to Ireland, Dublin (Consent and Refusal) – Advocate Muhammad Abduroaf The world is becoming a much smaller place, and technology plays a huge role. People are moving across the world for employment, love and happiness, something that was not the norm a few decades ago. There is no reason why you should remain in South Africa if you can find a better life for yourself and your family overseas. Moving overseas may provide you with the quality of life you want or the possibility of experiencing things you always wanted. The same applies to your child or children relocating with you. Relocation of your minor child to Dublin, Ireland If you are single and do not have any minor children, then moving around the world would not be too complicated. All you need to do is ensure that you have the necessary travel documentation and travel ticket (and spending money), and off you go. However, if you want to travel with your minor children (for example, ages nine or ten) or relocate to another country, things may not be that simple. Firstly, if there is another parent, and he or she has parental responsibilities and rights, then his or her consent is required. For example, let us say you live in Graaff-Reinet or Kroonstad, South Africa, and you want to relocate to Dublin, Ireland, you would require the other parent’s consent to leave South Africa with your minor child. This can cause challenges, especially if the staying parent (in South Africa) does not agree to the relocation. What about Passport Consent to travel or relocate to Dublin, Ireland? The same applies when it comes to your minor child applying for a South African passport to relocate to Ireland, or any country. Both parents who have parental responsibilities and rights of guardianship will have to consent to the minor child’s passport application as well. In this regard, both parents have to be at the Department of Home Affairs (or the relevant bank that also assists with passport application) when making the Application with the minor child. This can be challenging if you have a disinterested parent who does not want to cooperate with the passport application. As you will see later, legal action would need to be taken. What are the steps to follow when I want to relocate to Dublin, Ireland with my minor child? ...
Relocation minor child South Africa Advocate Abduroaf Turkey Antalya

Relocation with my minor child to Turkey, Antalya (Consent and Refusal) – Advocate Muhammad Abduroaf

Relocation with my minor child to Turkey, Antalya (Consent and Refusal) – Advocate Muhammad Abduroaf The world is becoming a much smaller place, and technology plays a huge role. People are moving across the world for employment, love and happiness, something that was not the norm a few decades ago. There is no reason why you should remain in South Africa if you can find a better life for yourself and your family overseas. Moving overseas may provide you with the quality of life you want or the possibility of experiencing things you always wanted. The same applies to your child or children relocating with you. Relocation of your minor child to Antalya, Turkey If you are single and do not have any minor children, then moving around the world would not be too complicated. All you need to do is ensure that you have the necessary travel documentation and travel ticket (and spending money), and off you go. However, if you want to travel with your minor children (for example, ages one or two) or relocate to another country, things may not be that simple. Firstly, if there is another parent, and he or she has parental responsibilities and rights, then his or her consent is required. For example, let us say you live in Uitenhage or Welkom, South Africa, and you want to relocate to Antalya, Turkey, you would require the other parent’s consent to leave South Africa with your minor child. This can cause challenges, especially if the staying parent (in South Africa) does not agree to the relocation. What about Passport Consent to travel or relocate to Antalya, Turkey? The same applies when it comes to your minor child applying for a South African passport to relocate to Turkey, or any country. Both parents who have parental responsibilities and rights of guardianship will have to consent to the minor child’s passport application as well. In this regard, both parents have to be at the Department of Home Affairs (or the relevant bank that also assists with passport application) when making the Application with the minor child. This can be challenging if you have a disinterested parent who does not want to cooperate with the passport application. As you will see later, legal action would need to be taken. What are the steps to follow when I want to relocate to Antalya, Turkey with my minor child? ...
Relocation minor child South Africa Advocate Abduroaf United Arab Emirates Dubai

Relocation with my minor child to United Arab Emirates, Dubai (Consent and Refusal) – Advocate Muhammad Abduroaf

Relocation with my minor child to United Arab Emirates, Dubai (Consent and Refusal) – Advocate Muhammad Abduroaf The world is becoming a much smaller place, and technology plays a huge role. People are moving across the world for employment, love and happiness, something that was not the norm a few decades ago. There is no reason why you should remain in South Africa if you can find a better life for yourself and your family overseas. Moving overseas may provide you with the quality of life you want or the possibility of experiencing things you always wanted. The same applies to your child or children relocating with you. Relocation of your minor child to Dubai, United Arab Emirates If you are single and do not have any minor children, then moving around the world would not be too complicated. All you need to do is ensure that you have the necessary travel documentation and travel ticket (and spending money), and off you go. However, if you want to travel with your minor children (for example, ages one or two) or relocate to another country, things may not be that simple. Firstly, if there is another parent, and he or she has parental responsibilities and rights, then his or her consent is required. For example, let us say you live in Grahamstown or Odendaalsrus, South Africa, and you want to relocate to Dubai, United Arab Emirates, you would require the other parent’s consent to leave South Africa with your minor child. This can cause challenges, especially if the staying parent (in South Africa) does not agree to the relocation. What about Passport Consent to travel or relocate to Dubai, United Arab Emirates? The same applies when it comes to your minor child applying for a South African passport to relocate to United Arab Emirates, or any country. Both parents who have parental responsibilities and rights of guardianship will have to consent to the minor child’s passport application as well. In this regard, both parents have to be at the Department of Home Affairs (or the relevant bank that also assists with passport application) when making the Application with the minor child. This can be challenging if you have a disinterested parent who does not want to cooperate with the passport application. As you will see later, legal action would need to be taken. What are the steps to follow when I ...
Relocation minor child South Africa Advocate Abduroaf Italy Milan

Relocation with my minor child to Italy, Milan (Consent and Refusal) – Advocate Muhammad Abduroaf

Relocation with my minor child to Italy, Milan (Consent and Refusal) – Advocate Muhammad Abduroaf The world is becoming a much smaller place, and technology plays a huge role. People are moving across the world for employment, love and happiness, something that was not the norm a few decades ago. There is no reason why you should remain in South Africa if you can find a better life for yourself and your family overseas. Moving overseas may provide you with the quality of life you want or the possibility of experiencing things you always wanted. The same applies to your child or children relocating with you. Relocation of your minor child to Milan, Italy If you are single and do not have any minor children, then moving around the world would not be too complicated. All you need to do is ensure that you have the necessary travel documentation and travel ticket (and spending money), and off you go. However, if you want to travel with your minor children (for example, ages three or four) or relocate to another country, things may not be that simple. Firstly, if there is another parent, and he or she has parental responsibilities and rights, then his or her consent is required. For example, let us say you live in Cape Town or Pinetown, South Africa, and you want to relocate to Milan, Italy, you would require the other parent’s consent to leave South Africa with your minor child. This can cause challenges, especially if the staying parent (in South Africa) does not agree to the relocation. What about Passport Consent to travel or relocate to Milan, Italy? The same applies when it comes to your minor child applying for a South African passport to relocate to Italy, or any country. Both parents who have parental responsibilities and rights of guardianship will have to consent to the minor child’s passport application as well. In this regard, both parents have to be at the Department of Home Affairs (or the relevant bank that also assists with passport application) when making the Application with the minor child. This can be challenging if you have a disinterested parent who does not want to cooperate with the passport application. As you will see later, legal action would need to be taken. What are the steps to follow when I want to relocate to Milan, Italy with my minor ...
Relocation minor child South Africa Advocate Abduroaf China Shanghai

Relocation with my minor child to China, Shanghai (Consent and Refusal) – Advocate Muhammad Abduroaf

Relocation with my minor child to China, Shanghai (Consent and Refusal) – Advocate Muhammad Abduroaf The world is becoming a much smaller place, and technology plays a huge role. People are moving across the world for employment, love and happiness, something that was not the norm a few decades ago. There is no reason why you should remain in South Africa if you can find a better life for yourself and your family overseas. Moving overseas may provide you with the quality of life you want or the possibility of experiencing things you always wanted. The same applies to your child or children relocating with you. Relocation of your minor child to Shanghai, China If you are single and do not have any minor children, then moving around the world would not be too complicated. All you need to do is ensure that you have the necessary travel documentation and travel ticket (and spending money), and off you go. However, if you want to travel with your minor children (for example, ages three or four) or relocate to another country, things may not be that simple. Firstly, if there is another parent, and he or she has parental responsibilities and rights, then his or her consent is required. For example, let us say you live in Secunda or Mmabatho, South Africa, and you want to relocate to Shanghai, China, you would require the other parent’s consent to leave South Africa with your minor child. This can cause challenges, especially if the staying parent (in South Africa) does not agree to the relocation. What about Passport Consent to travel or relocate to Shanghai, China? The same applies when it comes to your minor child applying for a South African passport to relocate to China, or any country. Both parents who have parental responsibilities and rights of guardianship will have to consent to the minor child’s passport application as well. In this regard, both parents have to be at the Department of Home Affairs (or the relevant bank that also assists with passport application) when making the Application with the minor child. This can be challenging if you have a disinterested parent who does not want to cooperate with the passport application. As you will see later, legal action would need to be taken. What are the steps to follow when I want to relocate to Shanghai, China with my minor child? ...
Relocation minor child South Africa Advocate Abduroaf Spain Barcelona

Relocation with my minor child to Spain, Barcelona (Consent and Refusal) – Advocate Muhammad Abduroaf

Relocation with my minor child to Spain, Barcelona (Consent and Refusal) – Advocate Muhammad Abduroaf The world is becoming a much smaller place, and technology plays a huge role. People are moving across the world for employment, love and happiness, something that was not the norm a few decades ago. There is no reason why you should remain in South Africa if you can find a better life for yourself and your family overseas. Moving overseas may provide you with the quality of life you want or the possibility of experiencing things you always wanted. The same applies to your child or children relocating with you. Relocation of your minor child to Barcelona, Spain If you are single and do not have any minor children, then moving around the world would not be too complicated. All you need to do is ensure that you have the necessary travel documentation and travel ticket (and spending money), and off you go. However, if you want to travel with your minor children (for example, ages seven or eight) or relocate to another country, things may not be that simple. Firstly, if there is another parent, and he or she has parental responsibilities and rights, then his or her consent is required. For example, let us say you live in Port Nolloth or Newcastle, South Africa, and you want to relocate to Barcelona, Spain, you would require the other parent’s consent to leave South Africa with your minor child. This can cause challenges, especially if the staying parent (in South Africa) does not agree to the relocation. What about Passport Consent to travel or relocate to Barcelona, Spain? The same applies when it comes to your minor child applying for a South African passport to relocate to Spain, or any country. Both parents who have parental responsibilities and rights of guardianship will have to consent to the minor child’s passport application as well. In this regard, both parents have to be at the Department of Home Affairs (or the relevant bank that also assists with passport application) when making the Application with the minor child. This can be challenging if you have a disinterested parent who does not want to cooperate with the passport application. As you will see later, legal action would need to be taken. What are the steps to follow when I want to relocate to Barcelona, Spain with my minor ...

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Advocate South Africa

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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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