Relocation with my minor child to Malaysia, Kuala Lumpur (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 globe 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 have always wanted. The same applies to your child or children relocating with you.
Relocation of your minor child to Kuala Lumpur, 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 Mthatha or Phuthaditjhaba, South Africa, and you want to relocate to Kuala Lumpur, 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 Kuala Lumpur, 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 Kuala Lumpur, Malaysia, with my minor child? There is another parent.
To simplify the process for relocation, the first step would be to receive the other parent’s consent in principle for the relocation and that he or she will cooperate in this regard. Once that has been resolved, the parent relocating would need to make the appointment for the minor child’s passport application as well as the application for the relevant VISA. Each country has different requirements; however, seeing that it is a relocation, you need to apply for the correct VISA. For that, you need the Passport.
Once the visa and travel arrangements have been finalised, the parent remaining behind will sign a parental consent letter for the international travel. That letter can be found on the Department of Home Affairs website. Basically, the parent remaining behind would state that he or she gives consent for the minor child to leave the Republic of South Africa and travel and/or relocate to Kuala Lumpur, Malaysia.
What can I do if the other parent does not want to consent to the minor child’s relocation to Kuala Lumpur, Malaysia?
If the parent remaining in South Africa does not want to consent to the minor child’s passport application and/or his or her relocation to Kuala Lumpur, Malaysia, then you would need to approach the Court. The Court, as the upper guardian of the minor child, may order that the parents’ consent for the passport application and relocation be dispensed with. What this entails is submitting Court documents explaining why you want to relocate to Kuala Lumpur, Malaysia. The other parent would also have an opportunity to give reasons why he or she objects.
At the end of the process, the Court would determine what is in the minor child’s best interests. If it is in the minor child’s best interests to relocate to Kuala Lumpur, Malaysia, the Court would make it possible despite the issue of consent or refusal.
What is the first step I should take if the other parent does not want to consent to the minor child’s passport application and/or relocation to Kuala Lumpur, Malaysia?
If the other parent does not want to consent to the passport application and/or the relocation of the minor child to Kuala Lumpur, Malaysia – in that case, we suggest you approach an attorney or advocate (trust account) to assist you with the legal process. He or she would then contact the other parent, explaining the reasons for the relocation and requesting the necessary consent. If the parent remaining in South Africa still does not agree to the passport application and/or to the relocation to Kuala Lumpur, Malaysia, then the attorney or advocate will proceed to take the matter to court. The legal route can be expensive. However, it is necessary to make the relocation of the minor child possible. You may also attend to the legal process yourself.
Getting legal assistance or help with your relocation application to Kuala Lumpur, Malaysia
If you require legal assistance or representation with relocating to Kuala Lumpur, Malaysia, due to the other parent not cooperating or providing consent, then feel free to contact us for assistance. The Firm Advocate, Muhammad Abduroaf, deals with these types of matters.
ABOUT ADVOCATE MUHAMMAD ABDUROAF – CAPE TOWN – SOUTH AFRICA
Advocate Muhammad Abduroaf is a hardworking, well-established, and distinguished legal professional, as well as a respected figure in the field of law, particularly in family law in South Africa. Known for his unwavering commitment to justice and his ability to navigate complex legal challenges, Advocate Muhammad Abduroaf has built a career spanning over two decades, marked by excellence and a profound dedication to serving his clients and the broader community.
Advocate Muhammad Abduroaf Fights for his clients
Advocate Muhammad Abduroaf has an extremely high success rate in the cases he takes on. This is largely due to his commitment to passionately fighting for his clients.
Successful legal journey
Advocate Muhammad Abduroaf’s journey into law began with a robust academic foundation. He pursued his legal studies with a vision to impact the justice system positively. His areas of expertise span a wide array of legal disciplines, making him a versatile advocate capable of handling multifaceted cases with precision and care. He holds both an LL.B. and LL.M. (Master of Laws) degree.
Throughout his longstanding career, Advocate Muhammad Abduroaf has been involved in numerous landmark cases that have set significant legal precedents. His methodical approach, combined with a deep understanding of the law, has earned him the respect of his peers and clients alike. He is known for his meticulous preparation and ability to craft compelling arguments that influence the course of justice. A recent landmark judgment in which he successfully represented his client was FCP v STC and Another (Appeal) 2025 JDR 0812 (WCC), where the Appeal Court supported his argument that a child’s right to maintenance and a parent’s responsibility in that regard cannot be terminated. Google his more recent judgments.
Advocate Muhammad Abduroaf was part of changing the law
Two of his notable judgments of approximately two decades ago were when he successfully argued for his clients in the reported cases of:
- Petersen v Maintenance Officer Simon’s Town Maintenance Court and Others 2004 2 SA 56 (C) 381. Because of this case, it is now possible to claim maintenance from paternal grandparents of children born out of wedlock. This was not possible for over 80 years, and
- Soller v Maintenance Magistrate, Wynberg and Others 2006 2 SA 66 (C) 2006 446, where the Western Cape High Court confirmed the extensive powers of the Maintenance Court, which included interdicting pension funds to pay.
Trust Account Advocate
Advocate Abduroaf is a distinguished Trust Account Advocate. Therefore, his work comes to him via attorneys or directly from the public. Therefore, if you require the assistance of Advocate Muhammad Abduroaf, you may approach him directly.
Contributions to the Community
Beyond the courtroom, Advocate Muhammad Abduroaf is deeply invested in online community development and legal education. He has organised and participated in numerous events aimed at empowering individuals with knowledge of their legal rights. His efforts to make the law accessible to all reflect his belief in the transformative power of knowledge and justice.
A Vision for the Future
Advocate Muhammad Abduroaf continues to inspire aspiring legal professionals and advocates. His career is a testament to the value of integrity, perseverance, and a relentless pursuit of justice. As he forges ahead, his contributions to the legal field and society as a whole remain invaluable.
In sum, Advocate Muhammad Abduroaf exemplifies the qualities of a dedicated advocate, using his knowledge and expertise to make a meaningful impact in the lives of many. His legacy is one of justice, compassion, and unwavering commitment to the rule of law.
CONNECT WITH ADVOCATE MUHAMMAD ABDUROAF
If you wish to connect with Advocate Muhammad Abduroaf, his website is www.abduroaf.co.za. We suggest you schedule an appointment with him if you require legal advice or legal representation. Feel free to complete the appointment form hereunder:
