Relocation with my minor child to Spain, Barcelona (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 Barcelona, Spain

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 Port Nolloth or Newcastle, South Africa, and you want to relocate to Barcelona, Spain, 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 Barcelona, Spain?

The same applies when it comes to your minor child applying for a South African passport to relocate to Spain, 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 Barcelona, Spain 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 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 Barcelona, Spain.

What can I do if the other parent does not want to consent to the minor child’s relocation to Barcelona, Spain?

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 Barcelona, Spain, 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 Barcelona, Spain. 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 Barcelona, Spain, 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 Barcelona, Spain?

If the other parent does not want to consent to the passport application and/or the relocation of the minor child to Barcelona, Spain – 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 Barcelona, Spain, 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 Barcelona, Spain

If you require legal assistance or representation with relocating to Barcelona, Spain 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.
Posted on by Telelaw

Relocation with my minor child to Spain, Barcelona (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 Barcelona, Spain

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 Port Nolloth or Newcastle, South Africa, and you want to relocate to Barcelona, Spain, 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 Barcelona, Spain?

The same applies when it comes to your minor child applying for a South African passport to relocate to Spain, 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 Barcelona, Spain 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 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 Barcelona, Spain.

What can I do if the other parent does not want to consent to the minor child’s relocation to Barcelona, Spain?

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 Barcelona, Spain, 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 Barcelona, Spain. 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 Barcelona, Spain, 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 Barcelona, Spain?

If the other parent does not want to consent to the passport application and/or the relocation of the minor child to Barcelona, Spain – 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 Barcelona, Spain, 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 Barcelona, Spain

If you require legal assistance or representation with relocating to Barcelona, Spain 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.

Related Post

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

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 Pinetown

Whether you claim child maintenance in Pinetown, 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 Pinetown.

The maintenance scenario – Pinetown 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 Pinetown
  2. The child is cared for by the mother who works in Pinetown
  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 Pinetown
  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 Pinetown, it would be the maintenance court in Pinetown. 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 Pinetown, 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 Pinetown Maintenance Court?

Once you have been notified of the maintenance court date by the Pinetown 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 Pinetown?

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

 

 

 

Posted on by Telelaw

Child custody for fathers

During our years of experience in dealing with child custody battles, we have found it common for fathers fighting for child custody and wanting to know more about their legal rights. Unfortunately, a father paying child maintenance will not be guaranteed full child custody of a child. [caption id="attachment_4238" align="alignleft" width="300"] Call us on: 0211110090
Email: [email protected][/caption] For more on father’s rights in child custody, click on the links below and read our free, expert legal advice article on how to go about your legal rights as a father.   Feel free to call our law offices on 021 424 3487, or our national number on 087 701 1124 if you’re residing out of Cape Town. We are conveniently situated in the heart of the buzzing CBD at The Pinnacle, Suit 702, 7th floor, corner of Strand and Burg Street, Cape Town. Make your online appointment with us today.

Child maintenance procedure in South Africa

Find out where about is the closest magistrates’ court in your area and pay them a visit. It is however, important to bring along the necessary documents such as:
  • Birth certificate of your child/children.
  • Your identity document.
  • Proof of residence.
  • A divorce settlement.
  • Proof of your monthly income and expenses.
  • The personal details of the parent required to pay maintenance such as their name, surname physical and work address.
  • Copy of your bank statement.
[caption id="attachment_4241" align="alignleft" width="300"] Call us on 0211110090
Email: [email protected][/caption] When undergoing the process of claiming maintenance, you will have to fill in a detailed form stipulated by the Magistrate’s Court. This form shall request all details regarding your income and expenses. The form will cover essential expenses such as clothing, food, medical expenses and other relevant bills. Lighter expenses such as entertainment, pocket money and so forth, are also included in the “expenses” section. Expenses of parents and the child are however, listed separately. The court however, will take a number of factors into consideration when stipulating the amount of maintenance that should be paid. Both parent’s income will be analyzed and the court’s decision will be based accordingly. Start calculating today and find out how much you should be receiving or claiming with our free child maintenance calculator.

Grounds for custody

It is often assumed that custody rights would automatically be awarded to the mother but this is not always the case. In some circumstances, the mother may be mentally unstable or she may have an addiction – the court will then award custody to the father. The court takes a number of factors into consideration but the child’s well-being will always be of paramount interest in the court of law. [caption id="attachment_4243" align="alignleft" width="300"] Call: 0211110090
Email: [email protected][/caption] Find out more about your legal rights regarding child access/child custody, and call our law offices on 021 424 3487 for an online appointment for a legal consultation today.
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Best Advice: The Importance of Having a Skilled Criminal Trust Account Advocate – Advocate Muhammad Abduroaf

It is possible to obtain the services of an advocate directly. In other words, not via an attorney. That is the case should you make use of a Trust account advocate. If you want to use a referral advocate, you must go via an attorney. This article deals with a trust account advocate who provides legal services for criminal law. In criminal law, having a competent and experienced criminal trust account advocate by your side can be the difference between a favourable outcome and devastating consequences. Criminal charges can have life-altering implications, including imprisonment, hefty fines, and a permanent criminal record. Therefore, it is imperative to understand why securing the services of a highly skilled criminal trust account advocate is essential.

Expertise in the Legal System

A criminal trust account advocate possesses the specialised knowledge necessary to navigate the complexities of the legal system. Criminal law is multifaceted and constantly evolving, with various rules and regulations that can be challenging to interpret for someone without legal training. A seasoned trust account advocate will be familiar with the law and can leverage this knowledge to build a strong defence.

Protection of Rights

One of the most important roles of a criminal trust account advocate is to protect your rights throughout the legal process. From the moment you are arrested, you have legal rights that must be upheld. A skilled trust account advocate will ensure that law enforcement, police and the prosecution do not violate these rights, potentially leading to the dismissal of evidence or even charges.

Case Strategy Development

A good criminal trust account advocate analyses the details of your case, including evidence, witness statements, and procedural aspects, to develop an effective defence strategy tailored to your situation. They can identify potential weaknesses in the prosecution’s case, negotiate plea deals, or prepare for trial if necessary. This strategic planning is critical in achieving the best possible outcome.

Negotiation Skills of the Trust Account Advocate

Many cases are resolved through negotiation rather than going to trial. A proficient criminal trust account advocate will have strong negotiation skills to secure favourable plea deals or reduced charges. Their experience in dealing with prosecutors allows them to trust account advocate effectively on your behalf and seek the best possible resolution to your case.

Emotional Support

Facing criminal charges can be incredibly stressful and emotionally draining. A good trust account advocate provides legal representation and emotional support during this challenging time. They can explain the legal process, answer your questions, and keep you informed, helping to alleviate some of the anxiety associated with the situation.

Trial Experience of the Trust Account Advocate

If your case goes to trial, having a trust account advocate with trial experience is invaluable. They understand courtroom procedures, evidence rules, and strategies to persuade a judge or magistrate. Their ability to present your case compellingly can significantly influence the outcome.

What to Look for in a Good Criminal Law Trust Account Advocate

Selecting the right criminal law trust account advocate is a critical decision that can significantly impact your case. Here are some key factors to consider when searching for a good trust account advocate:

Experience and Specialisation

The first factor to consider is the experience of the trust account advocate. Look for someone specialising in criminal law and with a proven track record in handling similar cases. Inquire about their prior cases, outcomes, and overall success rate. Trust account advocates with specific experience in your type of case (e.g., DUI, drug offences, theft or fraud, violent crimes) will have a deeper understanding of the nuances involved.

Reputation of the Trust Account Advocate

Research the reputation of potential trust account advocates within the legal community. Word of mouth, online reviews, and testimonials can provide insight into an advocate’s credibility and effectiveness. A good reputation often reflects an advocate’s dedication to clients and ability to achieve positive outcomes.

Communication Skills of the Trust Account Advocate

Effective communication is essential in a lawyer-client relationship. Your trust account advocate should be able to explain legal concepts in a way you can understand while also being a good listener. They should take the time to address your concerns, provide updates on your case, and ensure you feel informed and empowered throughout the process.

Availability of the Trust Account Advocate

Assess the trust account advocate’s availability and willingness to dedicate time to your case. A high caseload may mean less personalised attention. Choose someone willing to invest the necessary time and effort into building your defence.

Fees and Costs of the Trust Account Advocate

Understanding the trust account advocate’s fee structure is critical. Some charge flat fees, while others bill by the hour. Be sure to discuss costs upfront to avoid surprises later. Additionally, consider a trust account advocate’s willingness to provide a clear breakdown of services included in their fees.

Trial Preparation

If your case is headed for trial, it’s essential to have a trust account advocate who is well-prepared and has a clear trial strategy. Inquire about their track record, experience in the courtroom, and how they plan to approach your case if it goes to trial.

Personal Rapport of the Trust Account Advocate

Finally, it’s essential to choose a trust account advocate with whom you feel comfortable. Building a trusting relationship is vital, as you must share personal information and rely on their guidance. Meet with potential trust account advocates to gauge your comfort level and ensure they are someone you can work with collaboratively.

Conclusion

In conclusion, having a good criminal trust account advocate cannot be overstated. Their expertise, knowledge, and dedication to protecting your rights can profoundly impact the outcomes of your case. When searching for a criminal law trust account advocate, consider their experience, reputation, communication skills, and more. Taking the time to find the right trust account advocate will provide you with peace of mind, knowing that your legal representation is in capable hands. This decision is one of the most important steps you can take in navigating the complexities of criminal law and achieving the best possible outcome for your case.  

Posted on by Telelaw

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