Swellendam Archives - Advocate Muhammad Abduroaf | National contact no.: 021 111 0090

Frequently asked questions regarding relocation and consent when it comes to minor children

Posted on 22 August 2023 by Advocate South Africa

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, I want to learn more

Relocation of my minor child to Brazil – What are my rights if the other parent refuses to give guardianship consent?

Posted on 22 August 2023 by Advocate South Africa

I want to relocate from South Africa to Brazil with my minor child. The other parent does not want my child to relocate to Brazil. What can I do? Brazil 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 Brazil, if a minor child will be joining that parent and also relocating to Brazil, 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 Brazil. Before we do so, let us list the various cities and towns in Brazil to which you may want to relocate: Acre, Rio Branco, Alagoas, Maceió, União dos Palmares, Amapá, Macapá, Amazonas, Itacoatiara, Manaus, Tefé, Bahia, Alagoinhas, Feira I want to learn more

Relocation of my minor child to Qatar – What are my rights if the other parent refuses to give guardianship consent?

Posted on 22 August 2023 by Advocate South Africa

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?

5 vital things all parents going through a divorce or separation should know

Posted on 20 August 202320 August 2023 by Advocate South Africa

Child custody, guardianship and visitation (parental responsibilities and rights) – What do I need to know should I be going through a divorce or separation? Although it is not ideal, it often happens that parents divorce or break up. Their romantic or spousal relationship may have come to an end, but their co-parenting relationship continues if they have a child together. They need to be the best co-parents possible for their child. This should be the case despite their failed marriage or relationship. Sadly, sometimes the civility the parents had for each other does not transcend beyond their divorce or separation. Some parents in this situation have unresolved issues. It then often happens that the child becomes a victim of the conflict that ensures. They often use the child as a pawn to settle unresolved differences. This situation is not in the child’s best interest. What follows are five things I want to learn more

Parental Responsiblities and Rights during the Holiday Season – Can contact be refused?

Posted on 18 August 2023 by Advocate South Africa

The rights of parents to have contact with their children during the holiday season It is that time of the year where schools are closed and most parents can take off work. This is either due to being allowed to take some leave days or the business itself is closed during that period. Whatever the reason, parents wants to spend time with their children during the holidays. And rightfully so. If parents are children live in the same home, there would not be much of a problem regarding contact. Or no problem at all. Parents and children would see each other every moring and before going to sleep. The challenge arise when parents and children do not live in the same home. Parenal Responsibilities and Rights of parents Alot has been written on the top of parental responsiblities and rights on this website. Extensive reference is made to relevant sections I want to learn more