Relocation with my minor child to Saudi Arabia, Riyadh (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 Riyadh, Saudi Arabia

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 East London or Jagersfontein, South Africa, and you want to relocate to Riyadh, Saudi Arabia, 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 Riyadh, Saudi Arabia?

The same applies when it comes to your minor child applying for a South African passport to relocate to Saudi Arabia, 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 Riyadh, Saudi Arabia 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 Riyadh, Saudi Arabia.

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

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 Riyadh, Saudi Arabia, 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 Riyadh, Saudi Arabia. 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 Riyadh, Saudi Arabia, 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 Riyadh, Saudi Arabia?

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

If you require legal assistance or representation with relocating to Riyadh, Saudi Arabia 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 Saudi Arabia, Riyadh (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 Riyadh, Saudi Arabia

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 East London or Jagersfontein, South Africa, and you want to relocate to Riyadh, Saudi Arabia, 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 Riyadh, Saudi Arabia?

The same applies when it comes to your minor child applying for a South African passport to relocate to Saudi Arabia, 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 Riyadh, Saudi Arabia 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 Riyadh, Saudi Arabia.

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

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 Riyadh, Saudi Arabia, 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 Riyadh, Saudi Arabia. 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 Riyadh, Saudi Arabia, 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 Riyadh, Saudi Arabia?

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

If you require legal assistance or representation with relocating to Riyadh, Saudi Arabia 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

The rights of parents to have contact with their children during the holiday season

It is that time of the year where schools are closed and most parents can take off work. This is either due to being allowed to take some leave days or the business itself is closed during that period. Whatever the reason, parents wants to spend time with their children during the holidays. And rightfully so. If parents are children live in the same home, there would not be much of a problem regarding contact. Or no problem at all. Parents and children would see each other every moring and before going to sleep. The challenge arise when parents and children do not live in the same home.

Parenal Responsibilities and Rights of parents

Alot has been written on the top of parental responsiblities and rights on this website. Extensive reference is made to relevant sections of the Children’s Act. However, to simply things, parental responsiblities and rights refers to the parental responsiblities and rights a parent has to look after a child. That can be in the form of food, shelter, clothing, education, visitation and so on. Basically, to form part of the child’s life in a meaningful way. Parental responsiblities and rights refers to  responsiblities and rights. They go hand in hand. You cannot say you have a right to have contact with your child, but not interested in execising your responsibility of feeding and clothing the child. The law does not work that way.

What should parents do if they are not allowed contact during the holidays?

Firstly, it is the right of the child to have contact with both parents during their school holidays. It not not neccessary the right of the parents as the law focuses of what is best for the child. Seconldy, it is the duly and responsiblity of both parents to ensure that they make it possible for both parents to have contact with the minor child. This is so, despite the issues and differences the parents might have.

What do you do if contact is frutrated?

If they cannot come to an agreement, then it is stronly recommened that they have the issue mediated as soon as possible. There are many people that can assist in mediaton. That can be someone you both trust and respect or a professional personal trained in family mediation. With regard to someone you trust and respect, it could be your religious leader, family elder or a trusted friend. Regarding professionals, that can be a social worker, lawyer, pyschologist or someone with mediation training. It is best to make use of some who has family law experience. However, it is not always neccessary depending on the issues at hand.

What do I do if mediation is now possible or unsuccessful?

Mediation will not always be successful. Howewer, depite it now always being successful, many benefits comes from a mediation session. For one, the parents would be one step closer in understanding what the issues are, at least from the other side. That can be invaluable as it often happens, couples usually speak or argue past each other when they are alone. In a mediation setting, whether formal or informal, the are forced to listen to each other. However, if the mediation session is unsuccessful or not possible, then the the law comes into play. Before going to court, you may want to consider seeing an attorney or advocate if you can afford it. They may consider the option of sending the other parent letter and try to resolve the matter out of court. Often it works and it is something you may wish to consider. However, if it is something you cannot afford, or it does not yield any noteworthy results, then approaching the court is your next option. This we deal with next.

When to approach the Court when it comes to care and contact disputes?

It does not benefit the child nor you to execise contact or care which is not adequate. In other words, if you should have more contact to your child, you should fight for it. The same applies to a parent who is abusing his or her parental responsibilities and rights. If you feel that they are doing so, the situation must changes which is in the child’s best interest. This could mean affording him or her last contact and care. Therefore, if speaking to the other party, mediation, or lawyer’s letter does not work, then taking it to a court of law is the only viable option. The Court is the upper guardian of all minor children. Therefore, it overrides the rights of both parents. It can therefore limit, take it away or increase or assign parental rigths. Ultimatley, the Court would decide what is best for the minor child involved.

Can I urgently have contact to my child during the holiday season?

If you are denied adequate contact rights to your minor child, you have the right to urgenly approach the court to relief. The High Court would need to be approach for urgenly relief. The Children’s Court may be able to assist, but not as fast as the High Court would. However, the High Court can be expensive if you are making use of attorney and advocates. Therefore, to avoid approaching the High Court and have your matter heard in the Children’s Court, do not wait until the last minuite to enforce your rights. Especially when it comes to end of year holdiday contact.    

Posted on by Telelaw

22 Relocation with my minor child to Macau, Macau (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 Macau, Macau 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 Butterworth or Bloemfontein, South Africa, and you want to relocate to Macau, Macau, 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 Macau, Macau? The same applies when it comes to your minor child applying for a South African passport to relocate to Macau, 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 Macau, Macau 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 Macau, Macau. What can I do if the other parent does not want to consent to the minor child’s relocation to Macau, Macau? 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 Macau, Macau, 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 Macau, Macau. 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 Macau, Macau, 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 Macau, Macau? If the other parent does not want to consent to the passport application and/or the relocation of the minor child to Macau, Macau – 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 Macau, Macau, 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 Macau, Macau If you require legal assistance or representation with relocating to Macau, Macau 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

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