Looking for Family Legal Services in Loevenstein- Child Maintenance, Child Custody, Visitation Rights and Divorce Here at our law officers, we understand the struggle of your anxious search for family legal services. Most often, you under the impression that you may not find the legal services you require within close Continue Reading
Uncontested divorce in South Africa
What do we mean when we use the term “uncontested divorce”? Our law offices have potential clients calling in on a regular basis and when asked about the nature of the divorce, we’re met with “What do you mean?“. This is perfectly normal from a layperson’s perspective. To put it simply, an uncontested divorce is a divorce in which both parties are in agreement with. Because of the less complex nature of this divorce; it can be done within a matter of three weeks with our legal expert on board. As explained by the legal expert on our website, for Undefended Divorce in the Western Cape High Court, you will have to: Complete the free online divorce form below to assist you with your unopposed divorce. View the following related pages: Free DIY Online Divorce Guide and Form A divorce guide in PDF format A Sample Summons in Word format A Particulars of Claim in Word Format A notice of Set Down in Word Format Find out more about Undefended Divorce in the Western Cape High Court and call our law offices on 021 424 3487 to make an online appointment with us for a professional legal consultation today! DIY divorce in Cape Town, Western Cape
Are you interested in finding out more about doing your own divorce? While this can be more economically viable option, you will need the assistance of the legal expert to guide you along the way. Our website has been designed to navigate easily for the layperson. The creators of this website have also tried to make content easy to navigate. With this in mind, we have supplied a number of free, expert legal advice articles that has been carefully crafted by the legal expert himself. According to the legal expert stated in Do Your Own Unopposed Divorce, the following will need to be done: A summons needs to be drafted which will be issued by the divorce court to commence the divorce process. It should have on it the details of the court you will be issuing divorce, details of the parties, e.g. names, occupation and address etc. Every High Court in the area where you live has the authority to attend to a divorce. There are however specialized divorce courts that may attend to a divorce as well. You should then draft a particulars of claim, outlining relevant matters concerning the marriage, children, reasons for wanting a divorce and what do you want the court to grant you in a divorce order. This particulars of claim you attach to the summons. Here is an example of a summons and particulars of claim for a divorce for a couple married in community of property with no children getting divorce in the High Court in Cape Town. For more on how to go about your DIY Divorce, see our Do Your Own Unopposed Divorce and make an online appointment with us today by calling our friendly receptionist at 021 424 3487. Contested divorce in South Africa
When it comes to contested divorce – we’re talking long Court procedures due to overbearing court rolls. First of all, a contested divorce is a divorce in which both, or one party opposes the divorce and is not in agreement of the divorce. We have found that the parties becomes overly emotional about the process and tend to lose track of the bigger picture. This is a major contributing factor that adds to dragging process. However, our legal expert would always inform parties that easy divorces are generally rare (even in a case of an uncontested divorce). One too many times, where there’s children involved, you will find issues of child custody, visitation rights and child maintenance will arise in the process. As advised on How to Win Your Divorce Case article, it is encouraged to acquaint yourself with the laws regarding child maintenance. The following scenario is highlighted for instance: Lets say a couple was married for 10 (years). They married in community of property. In other words, they share in everything. There are 2 children born from the marriage. They live in a home that is bonded, but purchased by the wife before the marriage. The bond is only registered on her name, and gets deducted from her personal banking account. The father however does not work, but attends to the household, which includes cleaning, taking the kids to school, making food etc. When the children are ill, the father would be the one who stays up caring for them. School projects and homework is also attended to by the father. The father does some web designing work for income, but his income is minimal compared to that of his wife. The best would be to enter into a parenting plan. For more on this, read our How to Win Your Divorce Case article on our web page. Call our law offices on 021 424 3487 to make an online appointment with us for a professional legal consultation today!Free divorce products and toolkits
As previously mentioned, we pride ourselves in trying to make legal information easily accessible. Do feel free to link on the relevant links below and start downloading our free, legal advice products for your convenience:- How to Change your Matrimonial Property Regime
- Do your own Unopposed Divorce. No lawyers needed and its Free.
- Parental Rights of Divorced Muslim parents after a Talaq or Faskh
- Free Online Divorce Assistance Form – DIY Cape Town South Africa comprising of:
Call our law offices on 021 424 3487 to make an online appointment with us for a professional legal consultation today!
Uncontested divorce in South Africa What do we mean when we use the term “uncontested divorce”? Our law offices have potential clients calling in on a regular basis and when asked about the nature of the divorce, we’re met with “What do you mean?“. This is perfectly normal from a Continue Reading
How do you know if a Lawyer is good?
When it comes to choosing a good Attorney or legal expert, the layperson can fall into a big trap. This is not necessary due to ignorance – anyone can be fooled. Knowing this full well, we decided that this piece could help you determine whether a particular legal expert is capable of dealing with your legal matter. It is interesting to note that we often get questions such as:- Is your legal expert experienced?
- How long has your legal expert been in the game?
- What are his legal expertise?
- What kind of law does your legal consultancy specialise in…and so forth
What is great is that our law offices can truly boast a professional legal expert who will be on board to guide you through your legal consultations. For more on the experiences and expertise of our legal expert, see the following free, expert legal advice articles in the following categories: Child Maintenance- How to Apply for Child Maintenance at Court – Step by Step Guide and Advice
- Child Maintenance Question. How much should I pay or contribute as a parent?
- Child Support or maintenance claims. Does an unemployed father pay?
- Non-compliance with Maintenance Orders — Civil and Criminal Remedies
- Tricks and tips on how to win your child maintenance case
Child Custody- The Law Regarding Children – The Children’s Act 38 of 2005
- 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?
- How do I get full custody over my child?
- Parental Child Abuse in Custody Cases
- Relocate with minor child. Parent Refusing Consent for a Passport
- Father being refused contact to 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
- Rights of care, contact and guardianship of grandparents to their grandchildren – What does the law say?
Does any of these topics interest you? Make an online appointment with us today and consult with a legal expert.Attorney and Advocate – the difference?
Believe it or not, but there is a major difference between the two professions – though both experts have the law in common. We are very much aware of the confusion so feel free to see our Advocate of the High Court page as well as our Lawyers, Attorneys, Advocates, Legal Practitioners explained page. Feel free to call our friendly receptionist to make an online appointment with us today and consult with a legal expert.Find a specialized expert
Our law offices are situated in the heart of the buzzing CBD at Suit 702, 7th floor, The Pinnacle, corner of Strand and Burg Street. We are legal experts in family law whereby we offer a range of family law legal services. These are:- Child Maintenance
- Ante-nuptial Contact
- Change Matrimonial Property Regime
- Child Adoption
- Child Custody and Access
- Domestic Violence Protection
- Family Trust Registration
- Fast Unopposed Divorces
- Non-Compliance with maintenance orders
- Parenting Plans
- Postnuptial Contract Registration
- Pre-nikkah Agreement
Make an online appointment with us today and consult with a legal expert.
How do you know if a Lawyer is good? When it comes to choosing a good Attorney or legal expert, the layperson can fall into a big trap. This is not necessary due to ignorance – anyone can be fooled. Knowing this full well, we decided that this piece could Continue Reading
Domestic violence cases in South Africa
As a legal consultancy, we deal with domestic violence cases on a regular basis. Most of the situations are unique and comes with its own set of dynamics in which the legal expert will have to make the appropriate legal call. It is safe to say, if we may, that most times the cases we deal with involves women and children as the vulnerable targets in the process. The legal expert have cleverly compiled some free, expert legal advice articles that may be of help to the layperson who happens to stumble across our website. We are conveniently situated at The Pinnacle, corner of Strand and Burg Street in the CBD, Cape Town, South Africa. Make use of our online appointment system which is efficient and stress free. Call our offices for an online appointment today.Types of domestic violence in South Africa
Often, we mistake domestic violence as only physical and this is not the case. Below are some brief examples of the different types of domestic violence and abuse:- Control
- Physical
- Emotional and Domination
- Verbal Abuse
- Economic Abuse
- Physiological Abuse
Does any of this sound familiar to you? Then it’s time you make an online appointment with us today and speak to the legal expert for the necessary expert legal advice you require. Feel free to call our law offices on 021 424 3487 for an online appointment.How does the Domestic Violence Act protect citizens?
The Domestic Violence Act 116 or 1198, was introduced to afford woman the right to protect themselves by which they can enforce their rights legally if they fear for their life – the Act highlights that domestic violence as a serious offense. Victims of domestic violence, woman and children that is, can now stand up for themselves by virtue of a protection order or restraining order. Arrange for an online appointment for a professional legal consultation today and have the legal expert explain to you in context how your legal rights can be executed. Connect with us today!Defending Protection Order in South Africa
First of all, a Protection Order or harassment order serves as a direct order from court which should be adhered to. Any violation of a court’s instruction can be legally detrimental. The court order granted, will only be suitable to the person suffering any form of violence or harassment. A Protection Order is mainly applicable in cases of domestic violence in which the perpetrator lives with the victim. In a case of harassment, the perpetrator is not living with the victim. This is where a harassment order comes in. Do you fear for your life? Make an online appointment with us today and have your legal right asserted!
Domestic violence cases in South Africa As a legal consultancy, we deal with domestic violence cases on a regular basis. Most of the situations are unique and comes with its own set of dynamics in which the legal expert will have to make the appropriate legal call. It is safe Continue Reading
I am father of a baby girl. I want to confirm my parental rights. How do I do it?
When it comes to children, the law mandates that we always prioritise the child’s best interests. It is beneficial for a child to maintain a healthy and loving relationship with both parents. Concurrently, a parent has the right to be involved in their child’s life, provided that such involvement aligns with the child’s best interests. This article addresses the process by which a father can establish his parental responsibilities and rights concerning his child.Confirming a father’s Parental Responsibilities and Rights to his Child
In the past, terms like Custody and Access were used for parental rights. Now, the terms Care and Contact are used. The Children’s Act of 2005 states that both parents have full parental responsibilities and rights, with some exceptions. If there is a dispute, the father may need to apply to the High Court to confirm his rights, which can be costly. It is advised to consult an attorney or advocate.The Court Application
A Notice of Motion must be drafted, supported by a Founding Affidavit, and sometimes confirmatory affidavits. These documents are filed with the Family Advocate’s Office. Once served, the mother can file opposing papers, and the father can reply. A court date will be set, and a Judge will decide the matter, possibly with a Family Advocate’s Report. Urgent applications require experienced legal counsel.The father would essentially be requesting the following:
An Order directing that both parties (mother and father) share parental responsibilities and rights regarding the minor child, in accordance with the Children’s Act, 38 of 2005 (“the Children’s Act”), as follows:- Both parties are co-holders of guardianship over the minor child as stipulated in Section 18(2(c); 18(3); 18(4) and 18(5) of the Children’s Act.
- Both parties shall share parental responsibilities and rights of care and contact concerning the minor child, as outlined in Section 18(2)(a) and (b) of the Children’s Act.
- The implementation of these rights of care and contact.
The Court will consider the matter and render a decision. If the outcome is favorable, the Court would issue an Order affirming the father’s parental responsibilities and rights.Sharing Information
This and other articles available on this website are authored by Adv. Muhammad Abduroaf to assist individuals with various family law-related issues. If you find our articles, free resources, and posts beneficial or potentially helpful to others, please like and share them on social media by clicking the icons below. For more insightful articles and information on Family Law, visit our articles and Q&A page. If you have a legal issue related to family law and seek an answer or response, feel free to post it on our Family Law Blog. Therefore, kindly like and share. For any other legal services and advice not pertaining to family law, please visit Private Legal.
I am father of a baby girl. I want to confirm my parental rights. How do I do it? When it comes to children, the law mandates that we always prioritise the child’s best interests. It is beneficial for a child to maintain a healthy and loving relationship with both Continue Reading
Appeals and Reviews – How does it work?
Appeals in court cases typically involve requesting a higher court to review a decision made by a lower court. For example, approaching the High Court to review the decision in the Magistrates Court matter.The process usually begins with filing a notice of appeal, outlining the grounds for the appeal and providing the necessary documents to support the case. The appellate court will then review the lower court’s decision and determine whether any errors were made. If successful, the appellate court may either overturn the decision, order a new trial, or modify the original ruling.It’s important to seek legal assistance to navigate the complexities of the appeals process effectively. If you need legal assistance with appeals or reviews, consider reaching out to a qualified attorney or advocate for guidance. Getting Legal Assistance with Appeals If you require legal assistance or representation with your appeal matter, then feel free to contact us for assistance. The Firm Advocate, Muhammad Abduroaf, deals with these types of matters.
Appeals and Reviews – How does it work? Appeals in court cases typically involve requesting a higher court to review a decision made by a lower court. For example, approaching the High Court to review the decision in the Magistrates Court matter. The process usually begins with filing a notice Continue Reading
I want to relocate with my minor child from South Africa – Do I need consent? Advocate Muhammad Abduroaf
In this video, Advocate Muhammad Abduroaf discusses the issue of consent in relocation of minor children matters. [embed]https://youtu.be/lY-CiIN9WXE[/embed] Family Law with Adv. Muhammad Abduroaf Visit: https://abduroaf.co.za Post your live questions on https://www.facebook.com/AdvMuhammadAbduroaf/live/ Please like the page https://www.facebook.com/AdvMuhammadAbduroaf/ for future live videos and interaction. LIVE Q&A ON FAMILY LAW WITH ADVOCATE MUHAMMAD ABDUROAF Our Lawyer (Pty) Ltd [email protected] 0211110090 Consult with us today. Visit www.ourlawyer.co.za/advice . Child Custody, Child maintenance, Domestic violence, Guardianship rights, Spousal maintenance, Divorces, Unopposed divorces, Opposed divorces, Family Law, Mediation, Family disputes, Relocation of minor children, Minor children passport application consent, Non-compliance with maintenance orders, Reduction of Maintenance Order, Increase of Maintenance Orders, Parenting Plans, Parental Plan, Custody Agreements, Custody Orders, Contempt of Court, Litigation, Antenuptial Contract, Prenuptial Contracts, Wills, Estates, Abuse, Economic Abuse, Gender-based Violence. Attorney legal services, Advocate legal services, Lawyer legal services. Online and telephonic legal advice, Eastern Cape Free State Gauteng KwaZulu-Natal Limpopo Mpumalanga Northern Cape North West Western Cape Eastern Cape Alice, Butterworth, East London, Graaff-Reinet, Grahamstown, King William’s Town, Mthatha, Port Elizabeth, Queenstown, Uitenhage, Zwelitsha Free State, Bethlehem, Bloemfontein, Jagersfontein, Kroonstad, Odendaalsrus, Parys, Phuthaditjhaba, Sasolburg, Virginia, Welkom, Gauteng Benoni, Boksburg, Brakpan, Carletonville, Germiston, Johannesburg, Krugersdorp, Pretoria, Randburg, Randfontein, Roodepoort, Soweto, Springs, Vanderbijlpark, Vereeniging, KwaZulu-Natal Durban, Empangeni, Ladysmith, Newcastle, Pietermaritzburg, Pinetown, Ulundi, Umlazi, Limpopo, Giyani, Lebowakgomo, Musina, Phalaborwa, Polokwane, Seshego, Sibasa, Thabazimbi Mpumalanga, Emalahleni, Nelspruit, Secunda, North West, Klerksdorp, Mahikeng, Mmabatho, Potchefstroom, Rustenburg, Northern Cape, Kimberley, Kuruman, Port Nolloth Western Cape Bellville, Cape Town, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester Contact us today. #advocate #familylaw #lawyer #attorney #legal #court #child #custody #divorce #relocation #guardianship
I want to relocate with my minor child from South Africa – Do I need consent? Advocate Muhammad Abduroaf In this video, Advocate Muhammad Abduroaf discusses the issue of consent in relocation of minor children matters. Family Law with Adv. Muhammad Abduroaf Visit: https://abduroaf.co.za Post your live questions on https://www.facebook.com/AdvMuhammadAbduroaf/live/ Please like Continue Reading

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African Legal Information Institute
University of Cape Town, Cape Town
5,039 followers | 3 posts since the last report:
[10/09] SHARED 1 TIME ✨ Join us this evening for the virtual launch of an exciting new legal publication! Dive deep into discussions on African legal developments and don’t miss the chance to engage with experts in the field. ⏰ Event starts at 4pm SAT Register now and be part of this important conversation: https://zoom.us/webinar/register/WN_hY0RwtS5QQeRWu1GTm1hC…
[04/09] SHARED 0 TIMES Accelerating Industrial Development in Africa! Africa is moving towards greater economic integration and industrial growth through initiatives like the Accelerated Industrial Development for Africa (AIDA) and the African Continental Free Trade Area (AfCFTA). These frameworks are key to boosting intra-African trade, creating jobs, and driving s…
[03/09] SHARED 0 TIMES Did you know that the African Commission on Human and Peoples’ Rights (ACHPR) adopted guidelines to protect people from enforced disappearances? This powerful document is available for free on our platform at AfricanLII.org Here’s why it matters: It helps define and combat a serious human rights violation It provides a detailed legal framework…
CSF Attorneys
40 McIntyre Road Parow/also in Wynberg and City Bowl, Cape Town
2,486 followers | 3 posts since the last report:
[05/09] SHARED 1 TIME Its nearly that time of year again. You can contact us on 021 9395120 or email [email protected] to book an appointment.
[26/01] SHARED 0 TIMES Director Ewan Fourie on wills and estates! Ewan Fourie the Director at CSF Attorney’s , will be giving us valuable advice in Wills and Formalities. Stay tuned and let’s enjoy this information session….
[11/09] SHARED 3 TIMES It’s Wills Week at CSF Attorneys… call us to arrange an appointment 021 9395120
Child Maintenance and Child Custody South Africa 0214243487
33 Burg Street, Cape Town
2,870 followers | 3 posts since the last report:
[07/09] SHARED 0 TIMES I want to get divorced as soon as possible with or without an attorney or advocate. What are the legal processes and best way to proceed? Divorce involves a complex set of legal, financial, and emotional considerations, and people often have numerous questions when going through the process. While specific questions can vary based on individual cir…
[07/09] SHARED 0 TIMES Ante Nuptial Contract meaning Ante Nuptial Contract is a legal document that stipulates how assets will be dealt with in the event of death or a divorce. Our Lawyer Pty Ltd is a family legal consultancy that have dealt with family legal matters over years. In addition to this, we offer professional, expert legal advice and we are professional legal…
[07/09] SHARED 0 TIMES Paternity disputes and Scientific DNA Testing in Child Legal Matters Paternity disputes are not uncommon in our courts of law. What sparks them varies, however, all disputes are messy. For one, the mere allegation that he is not the father of the child may directly or indirectly affect the dignity of the mother, and that of the child. In other word…
England Slabbert Attorneys Inc
Suite 10AB, 10th Floor, The Pinnacle Building, Cnr Burg, Strand and Castle Street (Entrance on Burg Street), Cape Town
327 followers | 2 posts since the last report:
[09/09] SHARED 0 TIMES Make Mondays Great ___________________________ #MotivationMonday #Motivation #BusinessInspiration #MotivationalQuotes #InspirationalQuotes #StartYourWeekWithPositivity #PositiveVibes #EnglandSlabbert #CapeTown #Lawyers #CapeTownLaw #Law #LegalServices #LawFirm #Attorneys #Johannesburg #JohannesburgLaw
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Erasmus Ranchod & Associates
Loop Street Studios, Suite 708, 7th Floor, 4 Loop Street, Cape Town
1,100 followers | 3 posts since the last report:
[13/09] SHARED 0 TIMES Happy Friday! Contact us for all your legal needs. #FridayFun #Lamejoke #Fridayfeeling #Fridays #EraLaw #Law #Lawfirm #LegalAdvice #BestAdvice #LegalExpertise #LegalTips #LegalHelp #committedlawyers #passionateaboutlaw #passionateaboutourclients #eralawfirm #capetownlaw #westerncapelaw
[12/09] SHARED 0 TIMES Excerpts From The Constitution: Arrested, Detained and Accused Persons (Part 3). Every accused person has a right to a fair trial, which includes the right: (a) To be informed of the charge with sufficient detail to answer it. (b) To have adequate time and facilities to prepare a defense. (c) To a public trial before an ordinary court. (d) To ha…
[11/09] SHARED 0 TIMES ️ Protect Your Property Rights with the Best Legal Team ️ Are you facing disputes over property ownership, boundary issues, or landlord-tenant conflicts? Don’t let legal battles jeopardise what’s rightfully yours! At Era Law Firm, we specialise in Property Law Litigation — fighting to safeguard your assets and secure justice for your property…
GVS Law
1st Floor, Die Fakkel, 22 Oxford Street, Durbanville, Cape Town
591 followers | 3 posts since the last report:
[04/09] SHARED 1 TIME Today we have the opportunity to say thank you to our wonderful secretaries, the backbone of our firm! We appreciate the work that you do for us. We hope that you enjoyed the flowers, lunch and afternoon off. Dankie vir julle elkeen se moeite!
[28/08] SHARED 6 TIMES Ready to level up your landlord game? Join SAPOA’s webinar with Ben Groot to stay ahead of the curve with the latest judgments that matter! Here is the link: https://sapoa.org.za/event/need-to-know-latest-judgements-impacting-landlords/ #landlordlaw #SAPOAWebinar #GVSLaw
[23/08] SHARED 1 TIME An oldie but still quite good! Some fun for a Friday morning After almost two and a half years of law school, I thought it was about time that I gave something back to the legal community.I actually wrote this two mont…
Pagad
Cape, Cape Town
32,762 followers | 2 posts since the last report:
[12/09] SHARED 4 TIMES
[03/09] SHARED 3 TIMES WE WILL NEVER FORGET! The brutal killing of this innocent helpless Young man.
STBB
Cape Town, Claremont, Blouberg, Noordhoek, Tyger Valley, Helderberg, Hermanus, Sandton, Fourways, Centurion, Bedfordview, East London, Gardens
7,897 followers | 3 posts since the last report:
[25/09] SHARED 2 TIMES Enlisting the services of a skilled and experienced attorney is essential to ensuring that your interests are properly represented. STBB’s knowledgeable family law specialists are dedicated to assisting clients with navigating the complexities and sensitivities of legal problems arising within family and domestic relationships. To that end, we…
[23/09] SHARED 9 TIMES Trusts are valuable financial and estate planning tools that help safeguard and grow wealth for the benefit of your loved ones – both during your lifetime and long after you’re gone. Given this important function, there are various types of trusts, including testamentary trusts and inter vivos trusts. A testamentary trust is created in terms of an…
[20/09] SHARED 1 TIME In a travel-focused episode, Refqah Ho-Yee considers the impact of settling abroad, marrying a foreigner abroad, or persuading your foreign spouse to relocate to South Africa on estate planning requirements. Follow the link to listen to the full episode: https://iono.fm/e/1484370 #STBB #TheBigSmallFirm #estateplanning #estates #law #lawfirm #podc…
SchoemanLaw Inc
Dock Road Junction, Cnr. Dock Road and Stanley Street, V&A Waterfront, Cape Town
3,114 followers | 3 posts since the last report:
[25/09] SHARED 0 TIMES An intra-family loan that led to an eviction under the spotlight Article/Blog by @Nicolene Schoeman-Louw The Supreme Court of Appeal (SCA) recently made a significant ruling in De Kock v Du Plessis and Others, highlighting the intricate legal relationship between property law, contract law, and the application of the Prevention of Illegal Evictio…
[24/09] SHARED 1 TIME Celebrating South Africa’s Rich Heritage Today, we honour the diverse cultures, traditions, and histories that make South Africa truly unique. At SchoemanLaw Inc., we believe that our heritage is not just about remembering the past—it’s about shaping our future together. As a firm deeply rooted in South African values, we are proud to serve…
[23/09] SHARED 0 TIMES Pranary’s Elevate Your Enterprise Summit 2024 Nicolene Schoeman-Louw, Managing Director of SchoemanLaw Inc. will be joining on stage as a speaker at the event. #SchoemanLawInc #smallbusinesssupportingsmallbusiness #legalbusinesssupport Cape Town will become a hotspot for innovation on October 16th and 17th, 2024, as it hosts the Elevate Your En…
Visalogix
30th Floor, The Box, 9 Lower Burg Street, Cape Town
299 followers | 3 posts since the last report:
[13/09] SHARED 0 TIMES
[13/09] SHARED 10 TIMES If you still need to obtain a , we are here to assist with the application process. Whether you require a short term visitor, business or family visit Visa, we’re here to offer our services & support. #Visalogix #Visas #Travel #OutboundTravel #OutboundVisa #BusinessVisa #TouristVisa #UKPassports #SchengenVisa #VisaDocuments #Ou…
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Worldwide Law & Legal Directory Dear Trust Account Advocate – Section 34 2 b of the Legal Practice Act, We are reaching out to let you know about recent activity on LawFirms1.com. Use this to understand what content and strategies are resonating with your peers’ audiences and gain inspiration to Continue Reading
24 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 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 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 there 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 co-operate 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 upper guardian of the minor child, may order that the parent’s 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 request the necessary consent. If the parent remaining in South Africa does still 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.
24 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 world for employment, love and happiness, something that was not the norm a few Continue Reading
