Looking for Family Legal Services in Devil’s Peak Estate  – 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 proximity. Look no further.

Family Legal Advice Consultancy

We are a family legal consultancy that strive to cater for all your legal needs by offering legal advice and guidance in family law. If you happen to be residing in the Devil’s Peak Estate  area, then legal advice is still in your favor. Searching for a legal solution is tough enough and we are fully aware of this. With this in mind, we have made our legal advice and legal guidance easily accessible for your convenience. Our online system enables you to make an online appointment for a professional legal consultation within minutes, while in the comfort of your own home.

Price listings for Family Legal Services in Devil’s Peak Estate

We have managed to compile a straightforward price list of some of our legal services in which we offer legal advice and legal guidance in. With that being said, we often have potential clients asking us for an overall view of what the service will cost. When it comes to child maintenance, child custody, contested/opposed divorces and so on; then an overview of the cost cannot be provided as this will be depend upon nature and circumstance of the legal matter. See our legal services page for an idea of what some of our legal services will cost.

Legal Advice in Devil’s Peak Estate  – Family law legal topics

For family law legal topics, we offer legal advice on a variety of family law topics, which include, but is not limited to: And while our consultation does come at a fee of R800; we have made our free, expert legal advice articles on our website, easily accessible for the layperson. See the following free, expert legal advice articles which was carefully crafted by the legal expert himself. These articles can be found within the following categories:

Child Maintenance

  1. How to Apply for Child Maintenance at Court – Step by Step Guide and Advice
  2. Child Maintenance Question. How much should I pay or contribute as a p
  3. Child Support or maintenance claims. Does an unemployed father pay?
  4. Non-compliance with Maintenance Orders — Civil and Criminal Remedies
  5. Tricks and tips on how to win your child maintenance case

Child Custody

  1. The Law Regarding Children – The Children’s Act 38 of 2005
  2. 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?
  3. How do I get full custody over my child?
  4. Parental Child Abuse in Custody Cases
  5. Relocate with minor child. Parent Refusing Consent for a Passport
  6. Father being refused contact to his child! What are his rights as a Father?
  7. Father’s Parental Responsibilities and Rights to his Child
  8. Urgent Access to your Children without a Lawyer
  9. Parenting Plans and the Law
  10. What happens in a custody dispute where one parent is mentally ill?
  11. How to win your child custody and access court case – Tips and Tricks
  12. Rights of care, contact and guardianship of grandparents to their grandchildren – What does the law say?

Divorce and Property

  1. How to Change your Matrimonial Property Regime
  2. Do your own Unopposed Divorce. No lawyers needed and its Free.
  3. Parental Rights of Divorced Muslim parents after a Talaq or Faskh
  4. Free Online Divorce Assistance Form – DIY Cape Town South Africa comprising of:
So whether you’re residing in the Northern or Southern suburbs, we can assist you in your legal plight. Call our law offices on 021 424 3487, and have our friendly receptionist make an online appointment for you for a face to face, telephonic or Video Chat/Skype legal consultation.

Legal consultation – telephonic, face to face or via video chat / Skype legal advice for those residing in Devil’s Peak Estate

Are you residing in Devil’s Peak Estate  and concerned that legal advice and legal guidance may be out of your way? This could never be more far off from the truth. Our professional legal consultancy have taken such circumstances into account and have managed to accommodate for those residing in the Devil’s Peak Estate  area. Our professional legal consultation can take place by virtue of video chat / Skype, email or telephonic for your convenience. We are currently based at Suit 702, 7th Floor, The Pinnacle (on the corner of Burg and Strand Street). Do you require an Attorney to handle your legal matter? No problem. Our law offices have built a wealth of legal connections to ease your plight. After assessing your legal matter during the consultation, we can refer you to an Attorney if necessary. However, we have managed to sustain a convenient online operation which will unfold within the following ways:
  1. Call our friendly receptionist and ask to have an appointment made for you online which will only take a minute or two.
  2. You have the choice of deciding whether you would like a telephonic, email, video chat/Skype legal consultation.
  3. Once you call our law offices on 021 424 3487, the receptionist will make an appointment online for you. Thereafter, you will receive an automated email which will contain all relevant details about the legal consultation. The date, time, nature of legal matter and payments methods will be highlighted within the email.
  4. We urge potential clients to read their email well as well as the terms and conditions within the email.
  5. Only once payment has been made, will the face to face legal consultation be confirmed.
  6. Bear in mind that the date and time of the legal consultation is subject to change on either our part or the potential client’s part. Hence the potential client is free to change the date and time should they later find a more convenient date or time.
Call our law offices on 021 424 3487, and have our friendly receptionist make an online appointment for you for a face to face, telephonic or Video Chat/Skype legal consultation. Free legal products if you live in Devil’s Peak Estate Our law offices does not offer pro bono legal services as we are a Family Legal Consultancy that aims at offering expert, efficient legal advice and assistance on child maintenance, divorce, child custody and so forth. We have however, as mentioned previously, made our free, expert legal advice accessible to the layperson on our website. The creators of this website have compiled a “Free Family Law Resources” section, which can be found on our home page. The family law resources are as follows:
  1. Free Basic Will Tool Kit
  2. Free Shariah Will Template
  3. Free Divorce Starter Tool Kit
  4. Free Child Maintenance Calculator
  5. Free DIY Urgent Child Contact Toolkit
  6. Urgent Holiday Contact Toolkit
You can now enjoy free, expert legal advice at the touch of a button. Call our law offices on 021 424 3487, and have our friendly receptionist make an online appointment for you for a face to face, telephonic or Video Chat/Skype legal consultation. Connect with us today!

Looking for Family Legal Services in Devil’s Peak Estate  – 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 proximity. Look no further.

Family Legal Advice Consultancy

We are a family legal consultancy that strive to cater for all your legal needs by offering legal advice and guidance in family law. If you happen to be residing in the Devil’s Peak Estate  area, then legal advice is still in your favor. Searching for a legal solution is tough enough and we are fully aware of this. With this in mind, we have made our legal advice and legal guidance easily accessible for your convenience. Our online system enables you to make an online appointment for a professional legal consultation within minutes, while in the comfort of your own home.

Price listings for Family Legal Services in Devil’s Peak Estate

We have managed to compile a straightforward price list of some of our legal services in which we offer legal advice and legal guidance in. With that being said, we often have potential clients asking us for an overall view of what the service will cost. When it comes to child maintenance, child custody, contested/opposed divorces and so on; then an overview of the cost cannot be provided as this will be depend upon nature and circumstance of the legal matter. See our legal services page for an idea of what some of our legal services will cost.

Legal Advice in Devil’s Peak Estate  – Family law legal topics

For family law legal topics, we offer legal advice on a variety of family law topics, which include, but is not limited to:

And while our consultation does come at a fee of R800; we have made our free, expert legal advice articles on our website, easily accessible for the layperson. See the following free, expert legal advice articles which was carefully crafted by the legal expert himself.

These articles can be found within the following categories:

Child Maintenance

  1. How to Apply for Child Maintenance at Court – Step by Step Guide and Advice
  2. Child Maintenance Question. How much should I pay or contribute as a p
  3. Child Support or maintenance claims. Does an unemployed father pay?
  4. Non-compliance with Maintenance Orders — Civil and Criminal Remedies
  5. Tricks and tips on how to win your child maintenance case

Child Custody

  1. The Law Regarding Children – The Children’s Act 38 of 2005
  2. 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?
  3. How do I get full custody over my child?
  4. Parental Child Abuse in Custody Cases
  5. Relocate with minor child. Parent Refusing Consent for a Passport
  6. Father being refused contact to his child! What are his rights as a Father?
  7. Father’s Parental Responsibilities and Rights to his Child
  8. Urgent Access to your Children without a Lawyer
  9. Parenting Plans and the Law
  10. What happens in a custody dispute where one parent is mentally ill?
  11. How to win your child custody and access court case – Tips and Tricks
  12. Rights of care, contact and guardianship of grandparents to their grandchildren – What does the law say?

Divorce and Property

  1. How to Change your Matrimonial Property Regime
  2. Do your own Unopposed Divorce. No lawyers needed and its Free.
  3. Parental Rights of Divorced Muslim parents after a Talaq or Faskh
  4. Free Online Divorce Assistance Form – DIY Cape Town South Africa comprising of:

So whether you’re residing in the Northern or Southern suburbs, we can assist you in your legal plight. Call our law offices on 021 424 3487, and have our friendly receptionist make an online appointment for you for a face to face, telephonic or Video Chat/Skype legal consultation.

Legal consultation – telephonic, face to face or via video chat / Skype legal advice for those residing in Devil’s Peak Estate

Are you residing in Devil’s Peak Estate  and concerned that legal advice and legal guidance may be out of your way? This could never be more far off from the truth. Our professional legal consultancy have taken such circumstances into account and have managed to accommodate for those residing in the Devil’s Peak Estate  area. Our professional legal consultation can take place by virtue of video chat / Skype, email or telephonic for your convenience. We are currently based at Suit 702, 7th Floor, The Pinnacle (on the corner of Burg and Strand Street).

Do you require an Attorney to handle your legal matter? No problem. Our law offices have built a wealth of legal connections to ease your plight. After assessing your legal matter during the consultation, we can refer you to an Attorney if necessary.

However, we have managed to sustain a convenient online operation which will unfold within the following ways:

  1. Call our friendly receptionist and ask to have an appointment made for you online which will only take a minute or two.
  2. You have the choice of deciding whether you would like a telephonic, email, video chat/Skype legal consultation.
  3. Once you call our law offices on 021 424 3487, the receptionist will make an appointment online for you. Thereafter, you will receive an automated email which will contain all relevant details about the legal consultation. The date, time, nature of legal matter and payments methods will be highlighted within the email.
  4. We urge potential clients to read their email well as well as the terms and conditions within the email.
  5. Only once payment has been made, will the face to face legal consultation be confirmed.
  6. Bear in mind that the date and time of the legal consultation is subject to change on either our part or the potential client’s part. Hence the potential client is free to change the date and time should they later find a more convenient date or time.

Call our law offices on 021 424 3487, and have our friendly receptionist make an online appointment for you for a face to face, telephonic or Video Chat/Skype legal consultation.

Free legal products if you live in Devil’s Peak Estate

Our law offices does not offer pro bono legal services as we are a Family Legal Consultancy that aims at offering expert, efficient legal advice and assistance on child maintenance, divorce, child custody and so forth. We have however, as mentioned previously, made our free, expert legal advice accessible to the layperson on our website.

The creators of this website have compiled a “Free Family Law Resources” section, which can be found on our home page. The family law resources are as follows:

  1. Free Basic Will Tool Kit
  2. Free Shariah Will Template
  3. Free Divorce Starter Tool Kit
  4. Free Child Maintenance Calculator
  5. Free DIY Urgent Child Contact Toolkit
  6. Urgent Holiday Contact Toolkit

You can now enjoy free, expert legal advice at the touch of a button. Call our law offices on 021 424 3487, and have our friendly receptionist make an online appointment for you for a face to face, telephonic or Video Chat/Skype legal consultation.

Connect with us today!

Related Post

I am searching for the top divorce attorney or advocate in Cape Town, South Africa.

How do I find the best divorce lawyer in Cape Town?

There are a few ways to find the best divorce lawyer in Cape Town. One option is to ask for recommendations from friends or family members in Cape Town who have gone through a similar experience. Another option is to search online for divorce lawyers in Cape Town and read reviews from previous clients. You can also check with the law associations to find reputable lawyers in Cape Town. It’s essential to do your research and find a lawyer who has experience and expertise in divorce law to ensure that your case is handled correctly.

How do I find the best lawyer for my divorce in Cape Town?

Finding the best lawyer for your divorce in Cape Town can be a complex and overwhelming process, but there are a few steps you can take to help ensure that you find the right one. Here are some tips: 1. Do your research: Start by researching divorce lawyers in your area or in Cape Town. You can do this by looking online, asking for recommendations from friends or family, or checking with your local bar association. 2. Read reviews: Once you have a list of potential lawyers, read reviews from previous clients to get a sense of the lawyer’s track record and reputation. 3. Schedule consultations: Schedule consultations with a few different lawyers in Cape Town to discuss your case and get a sense of their experience and approach. Many lawyers offer free initial consultations. 4. Ask questions: During the consultation, ask the lawyer questions about their experience, track record, and approach to divorce cases. Be sure to ask about their fees and how they bill for their services. 5. Trust your instincts: Ultimately, the best divorce lawyer for you in Cape Town is someone you feel comfortable working with and who you trust to handle your case effectively. Trust your instincts and choose a lawyer who you feel has your best interests at heart. By following these tips, you can find a divorce lawyer in Cape Town with the experience, skills, and expertise necessary to help you navigate the divorce process and achieve a favourable outcome.

What makes a good divorce lawyer in Cape Town?

A good divorce lawyer in Cape Town should understand the law and legal procedures related to divorce cases. They should have experience handling cases similar to yours and be able to provide you with sound legal advice and guidance throughout the process. A good divorce lawyer should also be a good communicator and listener, as they will need to understand your unique situation and work with you to develop a strategy that meets your needs and goals. Additionally, a good divorce lawyer should be compassionate and empathetic, as divorce can be emotionally challenging for their clients. Finally, a good divorce lawyer should be able to work efficiently and effectively to ensure that your case is resolved as quickly and smoothly as possible.

Is the most expensive divorce lawyer in Cape Town better?

Not necessarily. The most expensive divorce lawyer in Cape Town may not necessarily be the best one for your specific case. Considering factors such as experience, track record, and reputation is essential when choosing a lawyer rather than just their fees. While it’s true that experienced and highly skilled lawyers may charge higher fees, this is not always the case. Finding a divorce lawyer in Cape Town who has the skills and expertise necessary to handle your case effectively and who you feel comfortable working with is essential. It’s also a good idea to discuss fees and costs upfront with any potential lawyer so that you can make an informed decision about whether or not their services are within your budget.

Is it better to contest a divorce in Cape Town?

It’s difficult to say whether it is better to contest a divorce, as every situation is different. Sometimes, contesting a divorce may be necessary if spouses have significant disagreements about child custody, property division, and spousal support. However, in many cases, it may be better to try to reach a settlement or agreement through negotiation or mediation to avoid the time, expense, and stress of a contested divorce. Contested divorces can be lengthy, expensive, and emotionally draining, mainly if the dispute involves children. It’s also important to remember that the court will decide in a contested divorce, which may not always align with what either spouse wants. In contrast, settling through negotiation or mediation can give both spouses more control over the outcome and may be less stressful and costly overall. Ultimately, the decision to contest a divorce should be made after careful consideration of the case’s specific circumstances and with the advice and guidance of an experienced divorce lawyer.

What is the fastest way to get divorced in Cape Town?

The fastest way to get divorced in Cape Town is through an uncontested divorce, which involves both spouses agreeing to the divorce terms, including issues such as child custody, property division, and spousal support. If both spouses agree on these issues, they can file for an uncontested divorce, which can be resolved relatively quickly and without a trial. An uncontested divorce can be filed with the court once the spouses have been separated for at least one year. Once the divorce papers are filed, the court will review the agreement and issue a final divorce decree if everything is in order. The entire process can take as little as a few months, depending on the court’s schedule and the case’s complexity. It’s important to note that if there are disputes or disagreements between spouses regarding the divorce terms, the process may take longer and be more complicated. In these cases, hiring a divorce lawyer in Cape Town may be necessary to help resolve the issues and negotiate a settlement.

How are children affected in a divorce matter?

Divorce can have a significant impact on children, both emotionally and psychologically. Children may feel confused, anxious, and uncertain about the future when their parents are going through a divorce. They may feel caught in their parent’s conflict, blame themselves for the divorce, or feel they have to choose sides. Children of divorce may also experience changes in their living arrangements, routines, and relationships with family members, which can be challenging to adjust to. Parents need to prioritise their children’s well-being during a divorce and minimise the divorce’s impact on their children. This can involve working together to create a parenting plan that considers the children’s needs and preferences and allows both parents to stay involved in their children’s lives. It can also involve seeking the help of a therapist or counsellor to support the children and help them cope with the changes that come with divorce.  

I want to relocate from South Africa to Japan with my minor child. The other parent does not want my child to relocate to Japan. What can I do?

Japan 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 Japan, if a minor child will be joining that parent and also relocating to Japan, 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 Japan. Before we do so, let us list the various cities and towns in Japan to which you may want to relocate: Aichi, Anjō, Atsuta, Gamagōri, Handa, Hekinan, Ichinomiya, Inazawa, Kariya, Kasugai, Komaki, Kōnan, Nagoya, Nishio, Okazaki, Seto, Tokoname, Toyohashi, Toyokawa, Toyota, Akita, Noshiro, Ōdate, Aomori, Aomori, Hachinohe, Hirosaki, Chiba, Chiba, Chōshi, Funabashi, Ichihara, Ichikawa, Kashiwa, Kisarazu, Matsudo, Narashino, Narita, Noda, Sawara, Urayasu, Ehime, Imabari, Matsuyama, Niihama, Saijō, Uwajima, Yawatahama, Fukui, Sabae, Takefu, Tsuruga, Fukuoka, Iizuka, Kitakyūshū, Kurume, Nōgata, Ōkawa, Ōmuta, Tagawa, Fukushima, Aizu-wakamatsu, Iwaki, Kōriyama, Gifu, Gifu, Kakamigahara, Ōgaki, Tajimi, Takayama, Toki, Gumma, Isesaki, Kiryū, Maebashi, Ōta, Takasaki, Tatebayashi, Tomioka, Hiroshima, Fukuyama, Hiroshima, Innoshima, Kure, Mihara, Onomichi, Hokkaido, Asahikawa, Bibai, Chitose, Ebetsu, Hakodate, Iwamizawa, Kitami, Kushiro, Muroran, Nemuro, Noboribetsu, Obihiro, Otaru, Rumoi, Sapporo, Tomakomai, Wakkanai, Yūbari, Hyōgo, Akashi, Akō, Amagasaki, Ashiya, Himeji, Itami, Kakogawa, Kawanishi, Kōbe, Miki, Nishinomiya, Takarazuka, Takasago, Ibaraki, Hitachi, Hitachinaka, Kitaibaraki, Koga, Mito, Shimodate, Tsuchiura, Tsukuba Science City, Ishikawa, Kaga, Kanazawa, Komatsu, Nanao, Iwate, Kamaishi, Miyako, Mizusawa, Morioka, Kagawa, Marugame, Sakaide, Takamatsu, Kagoshima, Kanoya, Sendai, Kanagawa, Atsugi, Chigasaki, Fujisawa, Hadano, Hakone, Hiratsuka, Kamakura, Kawasaki, Miura, Odawara, Sagamihara, Yamato, Yokohama, Yokosuka, Kōchi, Kumamoto, Arao, Kumamoto, Minamata, Yatsushiro, Kyōto, Kyōto, Maizuru, Uji, Mie, Ise, Kuwana, Matsuzaka, Suzuka, Tsu, Ueno, Yokkaichi, Miyagi, Ishinomaki, Kesennuma, Sendai, Shiogama, Miyazaki, Miyakonojō, Miyazaki, Nichinan, Nobeoka, Nagano, Matsumoto, Nagano, Okaya, Suwa, Ueda, Nagasaki, Hirado, Isahaya, Nagasaki, Ōmura, Sasebo, Shimabara, Nara, Kashihara, Nara, Tenri, Yamato-Kōriyama, Niigata, Jōetsu, Kashiwazaki, Nagaoka, Niigata, Niitsu, Sanjō, Ōita, Beppu, Hita, Nakatsu, Ōita, Saiki, Usa, Usuki, Okayama, Kasaoka, Kurashiki, Okayama, Tamano, Tsuyama, Okinawa, Naha, Okinawa, Ōsaka, Daitō, Higashiōsaka, Hirakata, Ikeda, Izumiōtsu, Izumisano, Kadoma, Kishiwada, Matsubara, Moriguchi, Neyagawa, Ōsaka, Sakai, Suita, Takatsuki, Toyonaka, Yao, Saga, Imari, Karatsu, Saga, Tosu, Saitama, Ageo, Asaka, Chichibu, Fukaya, Gyōda, Iruma, Kawagoe, Kawaguchi, Koshigaya, Kumagaya, Saitama, Sōka, Toda, Warabi, Shiga, Hikone, Ōtsu, Shigaraki, Shimane, Izumo, Masuda, Matsue, Shizuoka, Atami, Fuji, Fujieda, Fujinomiya, Gotemba, Hamakita, Hamamatsu, Itō, Mishima, Numazu, Shimada, Shimizu, Shizuoka, Yaizu, Tochigi, Ashikaga, Kanuma, Nikkō, Oyama, Sano, Utsunomiya, Tokushima, Anan, Komatsushima, Naruto, Tokushima, Tokyo, Chōfu, Fuchū, Ginza, Hachiōji, Higashimurayama, Hino, Kodaira, Koganei, Kokubunji, Machida, Mitaka, Musashino, Ōme, Tachikawa, Tokyo, Tottori, Kurayoshi, Yonago, Toyama, Takaoka, Wakayama, Kainan, Nachi-katsuura, Sakata, Tsuruoka, Wakayama, Yamagata, Yonezawa, Yamagata, Yamaguchi, Hagi, Hōfu, Iwakuni, Kudamatsu, Shimonoseki, Tokuyama, Ube, Yamanashi, Kōfu. (https://www.britannica.com/topic/list-of-cities-and-towns-in-Japan-2039519)  

Why do I require the other parent’s Consent to relocate to Japan?

According to South African law, if you are a co-holder of parental responsibilities and rights over your minor child, you must consent to your child leaving South Africa. In this case, relocating to Japan. Here we refer to section 18 of the Children’s Act 38 of 2005. The entire provision is as follows: 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). Now let us explain what Parental Responsibilities and Rights are.

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

As can be seen from section 18(2) of the Children’s Act, when we refer to Parental Responsibilities and Rights, we refer to the following: (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. Therefore, if a parent has parental responsibilities and rights over a minor child, and accordingly, rights of guardianship, their Consent is required when it comes to issues of guardianship. As seen from section 18(3)(c) of the Children’s Act above, both parents’ Consent is required should a minor child depart from the Republic of South Africa. In this case, to emigrate to Japan. Even if the minor child only wants to go for a short holiday to Japan, both guardians’ Consent would be required.

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

It must be noted that not all parents are legal guardians over their minor children. We should therefore distinguish between married or divorced parents and parents who were never married. As you would see below, usually married, or divorced parents’ Consent would be required for a minor child to relocate or emigrate to Japan. However, that does not automatically apply to parents who were never married. This could be because the child could have been born from a brief encounter and never met his or her father. It would not make sense that a parent who never met his or her 15-year-old child, should give Consent for relocation to Japan.

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

Section 19 of the Children’s Act deals with the Parental responsibilities and rights of mothers. It states the following: 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. As seen from section 19(1) of the Children’s Act, in most cases involving the relocation of a minor child to Japan, the mother’s Consent is required as she has full parental responsibilities and rights over the minor child.

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

Section 20 of the Children’s Act deals with Parental responsibilities and rights of married fathers. It states the following: 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. As can be seen from sections 20 (a) and (b) of the Children’s Act, if the father and the mother were married, or are married, then his Consent is required for the minor child to relocate to Japan. Of course, an exception to this would be should a court of law order otherwise. This would be the case should the parents be divorced and the divorce court ordered that only the mother may act as guardian. Next, we deal with the issue of an unmarried father’s Consent to relocate a minor child to Japan.

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

Section 21 of the Children’s Act deals with parental responsibilities and rights of unmarried fathers. The section states the following: 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. As can be seen from the latter sections, a father of a child born out of wedlock does not automatically have parental responsibilities and rights over his minor child. He may however acquire those parental responsibilities and rights over his minor child if he is materially involved in the child’s life. That would be where the father and the mother were in a permanent life partnership when the child was born or he is meaningfully involved in the child’s life, as outlined above. We shall not go into much detail regarding that. However, in most cases, if the father had regular contact with the child and paid child support, he would have acquired parental responsibilities and rights over the minor child.

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

Suppose the other parent also has parental responsibilities and rights over the minor child, and he or she does not want to consent to the relocation of the minor child to Japan, then in such a case, the Court needs to be approached. Here I refer you back to section 18(5) of the Children’s Act referred to above where it states: (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). Therefore, after your Court Application has been launched an both sides have been heard, the Court would make the necessary Order. If you are successful in your application for the relocation of your minor children to Japan, then the Court will make an Order similar to that which is shown below. [caption id="attachment_10829" align="alignnone" width="662"]Relocation consent Court Order for minor child to Japan - Advocate Muhammad Abduroaf Relocation consent Court Order for minor child to Japan – Advocate Muhammad Abduroaf[/caption]  

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