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.
Relocation of my minor child to the United Kingdom – What are my rights if the other parent refuses to give guardianship consent?
I want to relocate from South Africa to the United Kingdom with my minor child. The other parent does not want my child to relocate to the United Kingdom. What can I do? The United Kingdom 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 United Kingdom, if a minor child will be joining that parent and also relocating to the United Kingdom, 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 United Kingdom. Before we do so, let us list the various cities and towns in the United Kingdom to which you may want to relocate: England, Bath and North East Somerset (unitary authority), Bedford (unitary authority), Bedford (city), Blackburn with Darwen (unitary authority), Blackpool (town and unitary authority), Bournemouth (town and unitary authority), Bracknell Forest (unitary authority), Sandhurst (town), Brighton and Hove (unitary authority), Brighton (town and urban area), Hove (town and urban area), Bristol (city and unitary authority), Buckinghamshire (county), Aylesbury Vale (district), Aylesbury (town), Chiltern (district), Amersham (town), Chalfont St. Giles (town), South Bucks (district), Beaconsfield (town), Stoke Poges (town), Wycombe (district), High Wycombe (town and urban area), Marlow (town), Cambridgeshire (county), East Cambridgeshire (district), Ely (town), Fenland (district), Wisbech (town), Huntingdonshire (district), Huntingdon (town), Ramsey (town), St. Ives (town), South Cambridgeshire (district), Cambridge (city and district), Central Bedfordshire (unitary authority), Ampthill (town), Dunstable (town), Cheshire East (unitary authority), Congleton (town), Crewe (town), Knutsford (town), Macclesfield (town), Nantwich (town), Cheshire West and Chester (unitary authority), Chester (urban area), Northwich (town), Cornwall (unitary authority), Bodmin (town), Falmouth (town), Fowey (town), Helston (town), Launceston (town), Looe (town), Lostwithiel (town), Newquay (town), Penryn (town), Penzance (town), St. Austell (town), Saltash (town), Tintagel (village), Truro (city), Cumbria (county), Allerdale (district), Cockermouth (town), Keswick (town), Workington (town), Barrow-in-Furness (town and district), Carlisle (urban area, city and district), Copeland (district), Whitehaven (town), Eden (district), Penrith (town), South Lakeland (district), Grasmere (village), Kendal (town), Darlington (town and unitary authority), Derby (city and unitary authority), Derbyshire (county), Amber Valley (district), Belper (town), Bolsover (town and district), Chesterfield (town and district), Derbyshire Dales (district), Ashbourne (town), Matlock (town), Erewash (district), High Peak (district), Buxton, North ...
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? ...
Test Postie Relocation with my minor child to Thailand, Bangkok (Consent and Refusal) – Advocate Muhammad Abduroaf
Test Postie Relocation with my minor child to Thailand, Bangkok (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 Bangkok, Thailand 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 Durban or Pretoria, South Africa, and you want to relocate to Bangkok, Thailand, 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 Bangkok, Thailand? The same applies when it comes to your minor child applying for a South African passport to relocate to Thailand, 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 Bangkok, Thailand with my ...
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 with my minor child to India, Jaipur (Consent and Refusal) – Advocate Muhammad Abduroaf
Relocation with my minor child to India, Jaipur (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 Jaipur, 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 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 Oudtshoorn or Lebowakgomo, South Africa, and you want to relocate to Jaipur, 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 Jaipur, 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 Jaipur, India with my minor child? ...
Relocation with my minor child to «Country», «City_1» (Consent and Refusal) – Advocate Muhammad Abduroaf
38 Relocation with my minor child to Thailand, Pattaya (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 Pattaya, Thailand 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 Johannesburg or Ulundi, South Africa, and you want to relocate to Pattaya, Thailand, 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 Pattaya, Thailand? The same applies when it comes to your minor child applying for a South African passport to relocate to Thailand, 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 Pattaya, Thailand with my minor ...
Relocation with my minor child to Malaysia, Johor Bahru (Consent and Refusal) – Advocate Muhammad Abduroaf
Relocation with my minor child to Malaysia, Johor Bahru (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 Johor Bahru, Malaysia 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 Hopefield or Giyani, South Africa, and you want to relocate to Johor Bahru, Malaysia, 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 Johor Bahru, Malaysia? The same applies when it comes to your minor child applying for a South African passport to relocate to Malaysia, 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 Johor Bahru, ...
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 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 with my minor child to Saudi Arabia, Mecca (Consent and Refusal) – Advocate Muhammad Abduroaf
Relocation with my minor child to Saudi Arabia, Mecca (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 Mecca, Saudi Arabia 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 Pretoria or Giyani, South Africa, and you want to relocate to Mecca, Saudi Arabia, 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 Mecca, Saudi Arabia? The same applies when it comes to your minor child applying for a South African passport to relocate to Saudi Arabia, 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 Mecca, ...
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.