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 Switzerland – What are my rights if the other parent refuses to give guardianship consent?
I want to relocate from South Africa to Switzerland with my minor child. The other parent does not want my child to relocate to Switzerland. What can I do? Switzerland 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 Switzerland, if a minor child will be joining that parent and also relocating to Switzerland, 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 Switzerland. Before we do so, let us list the various cities and towns in Switzerland to which you may want to relocate: Zürich, Geneva, Basel, Lausanne, Bern, Winterthur, Lucerne, Sankt Gallen, Lugano, Biel/Bienne, Thun, Bellinzona, Köniz, La Chaux-de-Fonds, Fribourg, Schaffhausen, Vernier, Chur, Sion, Uster, Neuchâtel, Landecy, Zug, Yverdon-les-Bains, Emmen, Dübendorf, Kriens, Rapperswil-Jona, Dietikon, Montreux, Wetzikon, Baar, Meyrin, Wil, Bulle, Horgen, Carouge, Frauenfeld, Kreuzlingen, Wädenswil, Riehen, Aarau, Allschwil, Renens, Wettingen, Nyon, Bülach, Vevey, Opfikon, Kloten, Reinach, Baden, Onex, Adliswil, Schlieren, Volketswil, Pully, Regensdorf, Gossau, Muttenz, Thalwil, Monthey, Ostermundigen, Littau, Grenchen, Olten, Sierre, Solothurn, Pratteln, Burgdorf, Freienbach, Wohlen, Locarno, Wallisellen, Morges, Steffisburg, Herisau, Langenthal, Binningen, Einsiedeln, Lyss, Mendrisio, Arbon, Liestal, Stäfa, Küsnacht, Horw, Schwyz, Thônex, Meilen, Oftringen, Amriswil, Versoix, Richterswil, Rheinfelden, Brig-Glis, Gland, Küssnacht, Muri, Zollikon, Ecublens, Spiez, Delémont, Buchs, Prilly, Chêne-Bougeries, Le Grand-Saconnex, Rüti, Münchenstein, Villars-sur-Glâne, Affoltern am Albis, Arth, La Tour-de-Peilz, Pfäffikon, Spreitenbach, Altstätten, Zofingen, Veyrier, Bassersdorf, Weinfelden, Belp, Worb, Hinwil, Romanshorn, Oberwil, Brugg, Möhlin, Männedorf, Davos, Plan-les-Ouates, Waltikon, Lenzburg, Flawil, Neuhausen am Rheinfall, Le Locle, Suhr, Sarnen, Aesch, Birsfelden, Lutry, Bernex, Maur, Aigle, Naters, Steinhaus, Therwil, Payerne, Gossau, Sursee, Hochdorf, Urdorf, Wald, Estavayer-le-Lac, Wittenbach, Widnau, Epalinges, Rorschach, Embrach, Altdorf, Langnau, Goldach, Schübelbach, Arlesheim, Niederhasli, Rothrist, Aadorf, Ingenbohl, Oberriet, Zuchwil, Unterägeri, Landquart, Neuenhof, Hünenberg, Fully, Lachen, Wattwil, Bussy, Conthey, Mels, Egg, Hombrechtikon, Fällanden, Biberist, Obersiggenthal, Le Mont-sur-Lausanne, Reinach, Kilchberg, Stans, Oberentfelden, Murten, Bagnes, Aarburg, Domat/Ems, Chiasso, Buchs, Düdingen, Crissier, Rümlang, Visp, Muri, Au, Willisau, Bex, Sirnach, Bremgarten, Gränichen, Chavannes-près-Renens, Savièse, Dietlikon, Windisch, Rothenburg, Dürnten, Langnau am Albis, Ollon, Hirslen, Moutier, Villmergen, Minusio, Seuzach, Rorschacherberg, Wollerau, Untersiggenthal, Meggen, Herzogenbuchsee, Bubikon, Reiden, Altendorf, Grabs, Orbe, Châtel-Saint-Denis, Oberglatt, Frutigen, Ruswil, Schwarzenburg, Heimberg, Saanen, Nidau, Dornach, Losone, Bottmingen, Sissach, Porrentruy, Beromünster, Thal, Oberengstringen, Trimbach, Wiesendangen, Derendingen, Würenlos, Diepoldsau, Frenkendorf, Uznach, Oberuzwil, Birmensdorf, Fehraltorf, ...
Passport Application of a Minor Child and Consent – Department of Home Affairs
Passport Applications for minor children: What you need to know - Department of Home Affairs - Questions and Answers Should you require any advice on an application for a passport of a minor, where the co-parent refuses to consent or co-operate; feel free to set up a consultation with us. You may call 0211110090 or click here to do it online. Leaving South Africa, and visiting another country is something many people do on a daily basis. The reason, therefore, could either be for a holiday, business, a death in the family, and so on. Or it might be to relocate to another country to start a new life, either alone, or with your spouse or children. Whatever the reason is, you require a passport when leaving South Africa. For an adult, all you need to do is visit your nearest Department of Home Affairs Offices, with proof of identity, and the prescribed fees, and take your picture, fingerprints, etc. However, if you are a minor child, under the age of 18, it is not that simple. You would need to go with both your parents, and they need to provide their consent. Parental Consent and Co-operation for a Passport Application of a Minor child According to Section 18 (3) of the Children's Act, both parent's consent is required for a minor's application for a passport. This is why we refer to consent and co-operation. Co-operation in the sense of going with to the Department of Home Affairs and giving the consent. Now, this can cause a problem should a parent not agree to the application for a passport. Therefore, one of two things could happen in practice should there be children involved. Either the parent would have to go overseas without the children, or not at all. Before we deal with such a scenario in detail, a bit later, let's look at the law in a bit more detail. A child's Constitutional right to a Passport Our Constitution, Act 108 of 1996 is the supreme law of the Country. All laws and practices should be in line with it. Therefore, it's always a good idea to find out what it says. Section 21(4) of our Constitution states the following: "Every citizen has the right to a passport." This is a fundamental right. The question would then be asked, if that is a fundamental right, why would you still require ...
Relocation 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, ...
Relocation of my minor child to the United States of America (USA) – What are my rights if the other parent refuses to give guardianship consent?
I want to relocate from South Africa to the United States of America (USA) with my minor child. The other parent does not want my child to relocate to the United States of America. What can I do? The United States of America 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 States of America, if a minor child will be joining that parent and also relocating to the United States of America, 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 States of America. Before we do so, let us list the various cities and towns in the United States of America to which you may want to relocate: Alabama, Alexander City, Andalusia, Anniston, Athens, Atmore, Auburn, Bessemer, Birmingham, Chickasaw, Clanton, Cullman, Decatur, Demopolis, Dothan, Enterprise, Eufaula, Florence, Fort Payne, Gadsden, Greenville, Guntersville, Huntsville, Jasper, Marion, Mobile, Montgomery, Opelika, Ozark, Phenix City, Prichard, Scottsboro, Selma, Sheffield, Sylacauga, Talladega, Troy, Tuscaloosa, Tuscumbia, Tuskegee, Alaska, Anchorage, Cordova, Fairbanks, Haines, Homer, Juneau, Ketchikan, Kodiak, Kotzebue, Nome, Palmer, Seward, Sitka, Skagway, Valdez, Arizona, Ajo, Avondale, Bisbee, Casa Grande, Chandler, Clifton, Douglas, Flagstaff, Florence, Gila Bend, Glendale, Globe, Kingman, Lake Havasu City, Mesa, Nogales, Oraibi, Phoenix, Prescott, Scottsdale, Sierra Vista, Tempe, Tombstone, Tucson, Walpi, Window Rock, Winslow, Yuma, Arkansas, Arkadelphia, Arkansas Post, Batesville, Benton, Blytheville, Camden, Conway, Crossett, El Dorado, Fayetteville, Forrest City, Fort Smith, Harrison, Helena, Hope, Hot Springs, Jacksonville, Jonesboro, Little Rock, Magnolia, Morrilton, Newport, North Little Rock, Osceola, Pine Bluff, Rogers, Searcy, Stuttgart, Van Buren, West Memphis, California, Alameda, Alhambra, Anaheim, Antioch, Arcadia, Bakersfield, Barstow, Belmont, Berkeley, Beverly Hills, Brea, Buena Park, Burbank, Calexico, Calistoga, Carlsbad, Carmel, Chico, Chula Vista, Claremont, Compton, Concord, Corona, Coronado, Costa Mesa, Culver City, Daly City, Davis, Downey, El Centro, El Cerrito, El Monte, Escondido, Eureka, Fairfield, Fontana, Fremont, Fresno, Fullerton, Garden Grove, Glendale, Hayward, Hollywood, Huntington Beach, Indio, Inglewood, Irvine, La Habra, Laguna Beach, Lancaster, Livermore, Lodi, Lompoc, Long Beach, Los Angeles, Malibu, Martinez, Marysville, Menlo Park, Merced, Modesto, Monterey, Mountain View, Napa, Needles, Newport Beach, Norwalk, Novato, Oakland, Oceanside, Ojai, Ontario, Orange, Oroville, Oxnard, Pacific Grove, Palm Springs, Palmdale, Palo Alto, Pasadena, ...
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 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 Minor Children and Passport Consent Issues – Videos by Advocate Muhammad Abduroaf
Relocation of Minor Children and Passport Consent Issues - Videos by Advocate Muhammad Abduroaf If you are a co-holder of parental responsibilities and rights, you should consent to a minor child obtaining a passport and for the minor child to leave the Republic of South Africa. Watch the videos below by Advocate Muhammad Abduroaf dealing with the issues ...
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 ...
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 ...
Relocation of my minor child to Qatar – What are my rights if the other parent refuses to give guardianship consent?
I want to relocate from South Africa to Qatar with my minor child. The other parent does not want my child to relocate to Qatar. What can I do? Qatar is a popular destination to emigrate to. People emigrate from South Africa for many reasons. It ranges from better employment opportunities, family relations, or for a better standard of living. Whatever the reason a parent wants to relocate to Qatar, if a minor child will be joining that parent and also relocating to Qatar, then the parent remaining in South Africa’s consent would usually be required. Let us unpack the legal issues a parent may encounter when wanting to emigrate to Qatar. Before we do so, let us list the various cities and towns in Qatar to which you may want to relocate: Doha, Abu az Zuluf, Abu Thaylah, Ad Dawhah al Jadidah, Al `Arish, Al Bida` ash Sharqiyah, Al Ghanim, Al Ghuwariyah, Al Hilal al Gharbiyah, Al Hilal ash Sharqiyah, Al Hitmi, Al Jasrah, Al Jumaliyah, Al Ka`biyah, Al Khalifat, Al Khor, Al Khawr, Al Khuwayr, Al Mafjar, Al Qa`abiyah, Al Wakrah, second city, Al `Adhbah, An Najmah, Ar Rakiyat, Al Rayyan, Ar Ru'ays, As Salatah, As Salatah al Jadidah, As Sani`, As Sawq, Ath Thaqab, Blaré, Dukhan, Ras Laffan Industrial City, Umm Bab, Umm Sa'id, Umm Salal Ali, Umm Salal Mohammed. (https://www.wikiwand.com/simple/List_of_cities_in_Qatar) Why do I require the other parent's Consent to relocate to Qatar? According to South African law, if you are a co-holder of parental responsibilities and rights over your minor child, you must consent to your child leaving South Africa. In this case, relocating to Qatar. Here we refer to section 18 of the Children's Act 38 of 2005. The entire provision is as follows: 18 Parental responsibilities and rights  (1) A person may have either full or specific parental responsibilities and rights in respect of a child.  (2) The parental responsibilities and rights that a person may have in respect of a child, include the responsibility and the right-  (a) to care for the child;  (b) to maintain contact with the child;  (c) to act as guardian of the child; and  (d) to contribute to the maintenance of the child.  (3) Subject to subsections (4) and (5), a parent or other person who acts as guardian of a child must-  (a) administer and safeguard the child's property and property interests;  (b) assist or represent the ...
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.