Relocation with my minor child to the United States of America, New York (Consent and Refusal) – Advocate Muhammad Abduroaf

Relocation of your minor child to New York, the United States of America

What about Passport Consent to travel or relocate to New York, the United States of America?

What are the steps to follow when I want to relocate to New York, the United States of America with my minor child?

What can I do if the other parent does not want to consent to the minor child’s relocation to the United States of America?

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 New York, the United States of America?

Family Law Service – Advocate Muhammad Abduroaf – Finding the best lawyer for you.

Expertise and Specialisation

Personalised Approach

Commitment to Excellence

Responsive and Accessible

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Ethical and Professional Conduct

• • Tel.: 021 111 0090
  • Email.: [email protected]

Family Law Service – Advocate Muhammad Abduroaf – Finding the best lawyer for you.

Expertise and Specialisation

Personalised Approach

Commitment to Excellence

Responsive and Accessible

Cost-Effective Solutions

Ethical and Professional Conduct

• • Tel.: 021 111 0090
  • Email.: [email protected]

What is the Status of Muslim Marriage in South Africa?

Women’s Legal Centre Trust v President of the Republic of South Africa and Others (CCT 24/21) [2022] ZACC 23; 2022 (5) SA 323 (CC); 2023 (1) BCLR 80 (CC) (28 June 2022)

WOMEN’S LEGAL CENTRE TRUST                                              Applicant

and

PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA                First Respondent

MINISTER OF JUSTICE AND CONSTITUTIONAL

DEVELOPMENT                                                                            Second Respondent

MINISTER OF HOME AFFAIRS                                                    Third Respondent

SPEAKER OF THE NATIONAL ASSEMBLY                                 Fourth Respondent

CHAIRPERSON OF THE NATIONAL COUNCIL

OF PROVINCES                                                                             Fifth Respondent

SOUTH AFRICAN HUMAN RIGHTS COMMISSION                     Sixth Respondent

COMMISSION FOR THE PROMOTION AND PROTECTION

OF THE RIGHTS OF CULTURAL, RELIGIOUS

AND LINGUISTIC COMMUNITIES                                                Seventh Respondent

LAJNATUN NISAA-IL MUSLIMAAT (ASSOCIATION

OF MUSLIM WOMEN OF SOUTH AFRICA)                                 Eighth Respondent

and

COMMISSION FOR GENDER EQUALITY                                   Intervening Party

and

MUSLIM ASSEMBLY CAPE                                                         First Amicus Curiae

UNITED ULAMA COUNCIL OF SOUTH AFRICA                        Second Amicus Curiae

The Constitutional Court gave the following ruling:

Status of Muslim Marriages in South Africa

Best advice on finding a top divorce lawyer for your divorce case in Hout Bay, Cape Town

• Gender of the Advocate or attorney;
• Location of the Advocate or attorney;
• Experience of the Advocate or attorney;
• Costs of the Advocate or Attorney; and
• The personality of the Advocate or Attorney.

What is the best gender of the Advocate or Attorney I need to use for my divorce? Is a male or female better?

What is the ideal office location of the Advocate or attorney? Does it have to be in Hout Bay?

What level of experience should the Advocate or attorney have?

What about the Costs of an Attorney or Advocate?

What about the personality of the Advocate or Attorney?

What is our best advice to a client looking for an Advocate or Attorney in a divorce matter?

Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Randfontein.

Child Maintenance is the right of the child, and not that of the parent. It is also not a privilege granted to parents who must pay it. It is their duty to pay child maintenance and support their children. Once the child is self-supporting (being able to care for him or herself), the obligation falls away. This can happen when the child is 18, 20, or even 30. It all depends on the circumstances of the case.

Claiming child maintenance for your child in Randfontein

Whether you claim child maintenance in Randfontein, or any other city in South Africa, the procedures would be the same. There are however two (2) courts that can deal with child maintenance matters. That is a divorce court, in a divorce matter, and a Child Maintenance Court. For this article, we will focus on claiming maintenance in a Maintenance Court matter in Randfontein.

The maintenance scenario – Randfontein South Africa

In this article, we will deal with the following fictitious scenario, in a child maintenance matter:

1. The Child is seven years old and attends school in Randfontein
2. The child is cared for by the mother who works in Randfontein
3. The mother works and earns a Salary of R 10 000
4. The father sees the child every second weekend. He also lives and works in Randfontein
5. The child’s monthly expenses are R 6000 – 00 which includes food, clothing, accommodation, education, travel etc.
6. The father earns a reasonable salary and can afford the R 20 000 – 00 per month
7. The mother claims R 4 000 – 00 maintenance as the father earns double her salary

What is the first step the mother must take in claiming child maintenance?

The first thing the mother must do is work out exactly what the child costs by item. She breaks down the minor child’s living expenses, starting from rent or accommodation to groceries to school fees etc. Once she has done that, she would need to determine what exactly does the minor child cost per month, seeing that she will be asking the father to contribute towards that. As best as possible, she needs to collect proof of expenses. This can be in the form of receipts.

How does she start the legal process?

The mother now needs to approach the maintenance court in the area where she lives or works to lodge a complaint for child maintenance. If she lives or works in Randfontein, it would be the maintenance court in Randfontein. She will complete a Form A wherein she will provide all the expenses for her and the minor child. She would also have to stipulate her income. Once she completed the form and submitted it to the maintenance court, she must then follow the next step.

What do you do while waiting for the maintenance court date?

While you wait to be informed of the court date by the Maintenance Court of Randfontein, and up until the actual first court date, you need to ensure that you keep a record of all income and expenses for you and the child. This is very important as the court allocates maintenance based on recent income and expenses.

What happens at the first court appearance at the Randfontein Maintenance Court?

Once you have been notified of the maintenance court date by the Randfontein Maintenance Court, you need to ensure that you attend it. On that day, both you and the father of the child would appear before a maintenance officer. The maintenance officer would go through both your income and expenses as well as that of the father. If all the relevant information is not before the maintenance court, then the matter may be postponed in order for the parties to submit it.

The maintenance officer will try to settle the matter and have the parents come to an agreement regarding the amount of child maintenance to be paid. If they cannot come to an agreement regarding the child maintenance to be paid, the matter would have to proceed to a formal hearing or trial before a Magistrate.

How does the Maintenance Court hearing or trial work in Randfontein?

Essentially, the maintenance court is called upon to make a fair ruling regarding what is a fair amount of child support that needs to be paid. For that to happen, the parents would have to give evidence in that regard. The mother would present to the court what the child costs, what she contributes and what she requires the other parent to pay. The Father would have a right to question the mother and to present evidence as to why he cannot afford the amount requested or why he feels it is an unfair amount. The mother can they also question him.

At the end of the day, the Randfontein Maintenance Court would be able to properly determine what is a fair and adequate amount of child maintenance to pay after being presented will all relevant information. The Randfontein Maintenance Court should play an active role in determining what is a fair amount of child maintenance the father should pay.

The above child maintenance application principles should apply to the following provinces and cities:

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, Randfontein, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester

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?

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?

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 child in administrative, contractual and other legal matters; or

 (c) give or refuse any consent required by law in respect of the child, including-

 (i) consent to the child’s marriage;

 (ii) consent to the child’s adoption;

 (iii) consent to the child’s departure or removal from the Republic;

 (iv) consent to the child’s application for a passport; and

 (v) consent to the alienation or encumbrance of any immovable property of the child.

 (4) Whenever more than one person has guardianship of a child, each one of them is competent, subject to subsection (5), any other law or any order of a competent court to the contrary, to exercise independently and without the Consent of the other any right or responsibility arising from such guardianship.

(5) Unless a competent court orders otherwise, the Consent of all the persons that have guardianship of a child is necessary in respect of matters set out in subsection (3)(c).

What are parental Responsibilities and Rights of a parent in relation to a child?

(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.

When would the other parent be seen as a guardian in the case of a relocation matter to the Netherlands?

Mother’s Consent for relocation of the minor child to the Netherlands

19 Parental responsibilities and rights of mothers

 (1) The biological mother of a child, whether married or unmarried, has full parental responsibilities and rights in respect of the child.

 (2) If-

 (a) the biological mother of a child is an unmarried child who does not have guardianship in respect of the child; and

 (b) the biological father of the child does not have guardianship in respect of the child, the guardian of the child’s biological mother is also the guardian of the child.

 (3) This section does not apply in respect of a child who is the subject of a surrogacy agreement.

Married father’s Consent for the relocation of the minor child to the Netherlands

20 Parental responsibilities and rights of married fathers

The biological father of a child has full parental responsibilities and rights in respect of the child-

(a) if he is married to the child’s mother; or

(b) if he was married to the child’s mother at (i) the time of the child’s conception; (ii) the time of the child’s birth; or (iii) any time between the child’s conception and birth.

Consent of unmarried fathers for the relocation of their minor children to the Netherlands.

21 Parental responsibilities and rights of unmarried fathers

 (1) The biological father of a child who does not have parental responsibilities and rights in respect of the child in terms of section 20, acquires full parental responsibilities and rights in respect of the child-

 (a) if at the time of the child’s birth he is living with the mother in a permanent life-partnership; or

 (b) if he, regardless of whether he has lived or is living with the mother-

 (i) consents to be identified or successfully applies in terms of section 26 to be identified as the child’s father or pays damages in terms of customary law;

 (ii) contributes or has attempted in good faith to contribute to the child’s upbringing for a reasonable period; and

 (iii) contributes or has attempted in good faith to contribute towards expenses in connection with the maintenance of the child for a reasonable period.

 (2) This section does not affect the duty of a father to contribute towards the maintenance of the child.

 (3) (a) If there is a dispute between the biological father referred to in subsection (1) and the biological mother of a child with regard to the fulfilment by that father of the conditions set out in subsection (1) (a) or (b), the matter must be referred for mediation to a family advocate, social worker, social service professional or other suitably qualified person.

 (b) Any party to the mediation may have the outcome  of the mediation reviewed by a

court.

 (4) This section applies regardless of whether the child was born before or after the commencement of this Act.

What do you do if the other parent does not want to consent to the minor child relocating to the Netherlands?

(5) Unless a competent court orders otherwise, the Consent of all the persons that have guardianship of a child is necessary in respect of matters set out in subsection (3)(c).

Western Cape High Court and Advocate Muhammad Abduroaf

Advocate Muhammad Abduroaf

Picture outside the Western Cape High Court