Relocation with my minor child to Netherlands, Amsterdam (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 Amsterdam, Netherlands

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 three or four) 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 Springs or Seshego, South Africa, and you want to relocate to Amsterdam, Netherlands, 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 Amsterdam, Netherlands?

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

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

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 Amsterdam, Netherlands, 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 Amsterdam, Netherlands. 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 Amsterdam, Netherlands, 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 Amsterdam, Netherlands?

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

If you require legal assistance or representation with relocating to Amsterdam, Netherlands 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.

Relocation with my minor child to Netherlands, Amsterdam (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 Amsterdam, Netherlands

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 three or four) 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 Springs or Seshego, South Africa, and you want to relocate to Amsterdam, Netherlands, 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 Amsterdam, Netherlands?

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

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

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 Amsterdam, Netherlands, 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 Amsterdam, Netherlands. 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 Amsterdam, Netherlands, 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 Amsterdam, Netherlands?

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

If you require legal assistance or representation with relocating to Amsterdam, Netherlands 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

Could you kindly enlighten me on the meaning of a Trust Account Advocate in South Africa? I would greatly appreciate your clarification on this matter. 

Trust Account Advocate – A relatively new concept

The concept of a Trust Account Advocate is relatively new in South Africa. Previously, all advocates were referral advocates. What this meant is that they could only receive work from an attorney. There were some exceptions. A Trust Account Advocate, on the other hand, can obtain work directly from members of the public. There is, therefore, no need for an instructing attorney.

What is an advocate?

An advocate, just as an attorney, is a professional who is qualified and licensed to practice law, advise clients, and represent them in legal matters. They are also responsible for upholding the law and protecting the rights of their clients. As you can see below, there is a distinction between attorneys and advocates. And between referral advocates and Trust Account Advocates.

What are the various forms of legal practice in South Africa?

There three forms of legal practice in South Africa. This is according to the Legal Practice Act 28 of 2014. Here, section 34 of the Legal Practice Act applies which states: 34 Forms of legal practice (1) An attorney may render legal services in expectation of any fee, commission, gain, or reward as contemplated in this Act or any other applicable law, upon receipt of a request directly from the public for that service. (2) (a) An advocate may render legal services in expectation of a fee, commission, gain or reward as contemplated in this Act or any other applicable law-      (i) upon receipt of a brief from an attorney; or     (ii) upon receipt of a request directly from a member of the public or from a justice centre for that service, subject to paragraph (b). (b) An advocate contemplated in paragraph (a) (ii) may only render those legal services rendered by advocates before the commencement of this Act as determined by the Council in the rules, if he or she-      (i) is in possession of a Fidelity Fund certificate and conducts his or her practice in accordance with the relevant provisions of Chapter 7, with particular reference to sections 84, 85, 86 and 87;     (ii) has notified the Council thereof in terms of section 30 (1) (b) (ii). (c) An advocate may render legal services in criminal or civil matters in expectation of a fee, commission, gain or reward as contemplated in this Act or any other applicable law upon receipt of a request directly from a justice centre for that service, in which event the provisions of paragraph (b) do not apply.

What type of advocate is Advocate Muhammad Abduroaf

Advocate Muhammad Abduroaf is a Trust Account Advocate. He may, therefore, obtain work directly from the public. When clients pay him in advance for legal services, they pay the fees into his Trust Account.

Best Attorneys, Advocates, and lawyers to assist you in your Court Custody matter. When is the best time to get them involved in your case?

When dealing with a family law matter, it is essential that you obtain the best legal advice possible. And in this regard, the best attorney, lawyer, or advocate for you. Not necessarily the most expensive or experienced. This is so as we are dealing with your children, that require the best care and protection. Child custody, child guardianship, visitation and care are all interrelated. However, they all have one underlying principle: the child’s best interests. If parents cannot agree on what is in the child’s best interest, Attorneys, Advocates, lawyers, and the Court may get involved. Your legal representative needs to be on the same page as you.

What do child custody, child guardianship, visitation and care relate to?

The terms child custody, child guardianship, visitation and care relate to a child’s life in relation to a parent, caregiver or interested party. However, if you are a caregiver, your conduct would directly affect various aspects of the minor child’s life. These include daily care, education, medical treatment, and overseas visits. This article attempts to address how the law expects parents to exercise their parental responsibilities and rights concerning their minor children and what they should do if there are issues. If you have a legal problem relating to child custody, child guardianship, visitation, and care, it may be best to consult with a lawyer, attorney, or advocate.

The law focuses on what is best for the child.

Often parents would fight over what parental responsibilities and rights they wish to exercise concerning a child. That would be the conduct of separated parents, divorced parents or parents who share no history but for having a child together. What often happens is that parents focus on what is best for them and not what is best for the child involved. That is unfortunate as they navigate parental responsibilities and rights with the wrong tools. As stated, they need to focus on what is in the child’s best interests. That is so, as the court that makes the final decision follows the best interests of the child principle.

Examples of when a child’s view may be disregarded

It may, however, happen that what is best for the parent may also be best for the child. However, that would not always be the case. It would, however, be the case by chance. For example, a parent may want to have primary care of the minor child because it means they would not have to travel far to see the child. It would be convenient for the parent. But luckily for the parent, the child’s school is close to that parent’s home. Therefore, it would be in the minor child’s best interests to be cared for by that parent. In this scenario, should a court have to adjudicate over this matter, its reasons for allowing the latter parent to care for the minor child primarily is based on what is best for the child (the location of the school) and not what is best for the parent (less travel). However, the outcome would be different if the school was central to both parents’ homes in the same example. The other parent may argue that they may have more time to care for the minor child and assist in homework, extramural activities, etc. In that case, that parent would have a better chance of obtaining primary care.

What about what the child has to say?

In our law, we are expected to consider what the child has to say about a situation or decision involving them. Here we are referring to a child custody matter. This principle does not apply to all children, and it would depend on the age and maturity of the child involved. For example, a child who is 14 years old would be mature enough to provide input. However, we cannot place too much weight on the wants of a three-year-old child who is not even school-going. However, the three-year-old child’s familiarity with the parent and fondness would play a role. Having said the above, it is essential to note that the law does not blindly follow what the child wants, which would be absurd. What is expected is for one to listen to the child, see their reasons, and consider that in relation to the facts of the matter. This includes what the parents have to say. For example, if the child says they want to live with the father because each second weekend, they go to KFC, and the beach and have fun, and at Mom, it is always homework, a healthy diet, and chores, the child’s reasoning is not sound. One would also need to consider whether a parent can care for a child. It would be senseless to place a child in the care of a parent who is rich, works seven days a week and has a handful of nannies to care for the child, despite the other parent working from home and having a lot of time for the child.

When do I fight for parental responsibilities and rights over my minor child?

If in an unfortunate situation where the parents cannot agree on caring for the child, then it is advised they receive professional help. That may not be seeking legal advice from the word go, and it may be meeting with a social worker or a mediator first. If things are getting out of hand, it may be best to consider seeing an attorney, advocate, or lawyer to assist you in your matter.

What Court would be approached in a Child Custody dispute?

There are three possibilities for the Court you may approach in a Child Custody dispute. They are the divorce court in a divorce matter, the Children’s Court, and the High Court. The divorce court will be the appropriate forum if there is a pending divorce. But not always. If you wish to represent yourself, then the Children’s Court is your best option. If you can afford legal representation, your attorney, lawyer, or advocate will advise you whether to approach the High Court.

Best advice on the way forward when it comes to attorneys, advocates, and lawyers

The best advice we have when it comes to attorneys, advocates, and lawyers in child custody matters is that you make use of the one you can work with. It is not ideal to use the most experienced attorney or advocate when he or she is swamped and has no time for your case. [caption id="attachment_10745" align="alignnone" width="300"]Best Attorneys, Advocates, lawyers to assist you in your Court Custody matter. When is the best time to get them involved in your case? Advocate Muhammad Abduroaf – Trust Account Advocate[/caption]

Family Law is specialised field of law. It is always best to obtain the services of the best lawyer for your matter – Cape Town

What follows are some questions regaring family law lawyers, costs and procedures and guidlines.

At what age can a child refuse to see a parent in South Africa?

In South Africa, there is no specific legal age at which a child can categorically refuse to see a parent. However, the courts typically consider a child’s wishes regarding contact with a parent more seriously as they get older. General Guidelines:
  1. Age of Maturity: Generally, around the age of 12, children’s views are given greater weight in custody and contact decisions. However, this does not mean they can unilaterally decide to refuse contact.
  2. Best Interests of the Child: The primary consideration in family law is the best interests of the child. If a child expresses a desire not to see a parent, the reasons behind this wish will be evaluated.
  3. Professional Input: Courts may involve child psychologists or social workers to assess the situation and the child’s perspective.
Ultimately, while a child’s wishes are important, the decision regarding contact will depend on the overall circumstances and the court’s assessment of what is in the child’s best interests.

What do I do if I do not have money to afford the services of an attorney?

If you can’t afford an attorney in South Africa, there are several options available to you:
  1. Legal Aid South Africa: This government agency provides free legal assistance to those who qualify based on income and the type of legal issue. You can visit their website or contact a local office for more information.
  2. Pro Bono Services: Many attorneys offer pro bono (free) services for those in need. You can check with local law firms, bar associations, or platforms like ProBono.org to find lawyers willing to take on your case.
  3. Legal Clinics: Universities often have legal aid clinics staffed by law students under the supervision of qualified attorneys. These clinics can provide free legal advice and assistance.
  4. Community Organizations: Some NGOs and community organizations offer legal assistance or can help connect you with pro bono lawyers.
  5. Self-Representation: If your case is straightforward, you might consider representing yourself. Many courts have resources and guides to help individuals navigate the legal system.
  6. Payment Plans: If you find an attorney who is willing to help but you can’t afford their fees upfront, ask if they offer payment plans or sliding scale fees based on your income.
Make sure to explore these options as soon as possible, as legal issues often have time constraints.

Is an advocate higher than a lawyer?

The terms “advocate” and “lawyer” can have different meanings depending on the legal system in question. Generally, a lawyer is a broad term that refers to anyone who is qualified to practice law, while an advocate often specifically refers to a lawyer who represents clients in court. In some countries, an advocate may hold a higher or more specialized status, focusing on courtroom representation and litigation. In others, the terms might be used interchangeably. It really depends on the jurisdiction and its legal definitions!

Which type of lawyer gets paid the most in South Africa?

In South Africa, corporate lawyers typically earn the highest salaries, particularly those working for large law firms or in-house at major corporations. Other high-paying specialties include:
  1. Mergers and Acquisitions (M&A): Lawyers involved in high-value transactions can command significant fees.
  2. Tax Law: Experts in tax law are often sought after for their specialized knowledge.
  3. Litigation: Senior litigators, especially those with a strong track record, can also earn substantial salaries.
Compensation can vary widely based on experience, location, and the specific firm or company.

What are South African lawyers called?

In South Africa, lawyers are generally referred to as “attorneys.” Those who represent clients in court are specifically called “advocates.” The legal profession in South Africa is divided into these two main categories: attorneys handle legal matters and client relationships, while advocates primarily focus on litigation and courtroom representation. This distinction is similar to the barrister/solicitor system found in some other countries.

How much can a lawyer charge for a case in South Africa?

In South Africa, lawyer fees can vary significantly based on several factors, including the type of case, the lawyer’s experience, and the complexity of the matter. Generally, lawyers may charge:
  1. Hourly Rates: These can range from about R1,000 to R5,000 or more per hour, depending on the lawyer’s experience and specialization.
  2. Fixed Fees: For certain types of cases, such as drafting wills or conveyancing, lawyers might offer fixed fees.
  3. Contingency Fees: In some civil cases, lawyers may work on a contingency basis, charging a percentage (often around 25% to 35%) of the settlement amount.
  4. Retainer Fees: Some lawyers require a retainer, which is an upfront fee that covers initial legal services.
It’s always best for clients to discuss fees upfront and clarify any potential costs associated with their case.

How much is the expert witness fee in South Africa?

In South Africa, expert witness fees can vary widely depending on the expert’s qualifications, experience, and the complexity of the case. Generally, expert witnesses might charge:
  1. Hourly Rates: These can range from R1,000 to R5,000 or more per hour, depending on the field of expertise and the expert’s reputation.
  2. Daily Rates: Some experts may charge a flat daily rate, which could be anywhere from R5,000 to R20,000 or higher.
  3. Preparation Fees: Experts may also charge for time spent preparing reports or consultations, which is often billed separately.
It’s important for clients to discuss and agree on fees in advance to avoid any misunderstandings later on.

Who pays for advocates in South Africa?

In South Africa, the party that hires an advocate typically pays their fees. Here are some common scenarios:
  1. Private Clients: If an individual or business hires an advocate directly, they are responsible for covering the advocate’s fees.
  2. Attorneys: Advocates are usually retained by attorneys on behalf of their clients. In this case, the client pays the attorney, who then pays the advocate.
  3. Legal Aid: If a client qualifies for legal aid, the legal aid organization may cover the advocate’s fees.
  4. Costs Orders: In some cases, if a party wins a case, the court may order the losing party to pay the legal costs, including the advocate’s fees, as part of the judgment.
It’s essential for clients to clarify fee arrangements in advance, regardless of the scenario.

How much child maintenance should a father pay in South Africa?

In South Africa, child maintenance amounts are not set by a fixed formula but depend on various factors, including the needs of the child and the financial capabilities of the parents. Key considerations include:
  1. Income of Both Parents: The combined income of both parents is considered to determine what is reasonable for the non-custodial parent to contribute.
  2. Child’s Needs: This includes costs for food, clothing, education, healthcare, and extracurricular activities.
  3. Living Arrangements: The living situation of both parents and the child can also influence maintenance amounts.
  4. Court Orders or Agreements: Maintenance amounts can be determined through a court order or a mutual agreement between parents.
While there’s no specific amount prescribed, some guidelines suggest that maintenance could range from 10% to 25% of the non-custodial parent’s net income, but this is just a general guideline and can vary widely. It’s advisable to consult a legal professional or mediator for a more tailored assessment based on individual circumstances.

What happens if a father cannot pay maintenance?

If a father in South Africa cannot pay child maintenance, several potential consequences and options may arise:
  1. Legal Consequences: Failing to pay maintenance can lead to legal action. The custodial parent can apply to the court for enforcement of the maintenance order, which might result in a garnishee order to deduct payments directly from the father’s salary.
  2. Modification of the Order: If a father genuinely cannot pay due to a change in circumstances (like job loss or reduced income), he can apply to the court to modify the maintenance order. This requires providing evidence of the changed financial situation.
  3. Criminal Charges: In some cases, willful neglect to pay maintenance can lead to criminal charges, including fines or imprisonment.
  4. Negotiation: It may be possible for the father to negotiate a temporary reduction in payments with the custodial parent, ideally formalized in writing or through a court order.
  5. Support Services: Seeking assistance from legal aid or social services can provide additional support and guidance on managing child maintenance issues.
It’s important for fathers facing financial difficulties to communicate openly and seek legal advice to navigate the situation appropriately.

What rights does a father have in South Africa?

In South Africa, fathers have several important rights regarding their children, particularly in matters of custody, access, and maintenance. Key rights include:
  1. Parental Rights: Fathers have the right to make decisions about their child’s upbringing, including education, health care, and religious upbringing, especially if they are married to the child’s mother or have legal acknowledgment of paternity.
  2. Custody and Access: Fathers can apply for custody or visitation rights if they are separated from the child’s mother. The courts prioritize the best interests of the child when making such determinations.
  3. Child Maintenance: Fathers have the right to request that the mother contributes to child maintenance, especially if they are the primary caregiver.
  4. Legal Representation: Fathers have the right to seek legal representation in matters relating to their children, including custody disputes and maintenance claims.
  5. Participation in Major Decisions: Fathers should be involved in significant decisions affecting their child’s life, such as schooling or medical treatment.
  6. Protection Against Unreasonable Actions: Fathers can seek legal recourse if they believe the mother is acting unreasonably regarding access or other parental rights.

How to get full custody of a child as a mother in South Africa?

To seek full custody of a child as a mother in South Africa, you’ll need to follow specific steps, keeping in mind that the court prioritizes the best interests of the child. Here’s a general outline of the process:
  1. Understand Types of Custody: Familiarize yourself with the different types of custody—sole custody (full custody) and joint custody. Full custody means you have the exclusive right to make decisions regarding the child’s upbringing.
  2. Gather Evidence: Collect evidence that supports your case for full custody. This may include:
    • Documentation of the child’s living conditions.
    • Records of the child’s needs (educational, medical, emotional).
    • Evidence of your involvement in the child’s life.
    • Any instances of unfit parenting by the other parent (if applicable).
  3. Legal Advice: Consult a family lawyer who specializes in custody matters. They can help you understand your rights, prepare your case, and navigate the legal process.
  4. File an Application: Submit an application to the Family Court for custody. This typically involves:
    • Completing the necessary court forms.
    • Including your evidence and reasons for seeking full custody.
    • Paying any applicable court fees.
    1. Attend Mediation: Courts often encourage mediation to resolve custody disputes amicably. Be prepared to discuss your preferences and the child’s best interests.
    2. Court Hearing: If mediation fails, a court hearing will be scheduled. During this time:
      • Present your case, including evidence and any witnesses who can support your claim.
      • The other parent will have an opportunity to present their case as well.
    3. Best Interests of the Child: The court will consider various factors to determine the best interests of the child, including:
      • The emotional and developmental needs of the child.
      • The child’s relationship with both parents.
      • Each parent’s ability to provide for the child’s needs.
    4. Receive the Court Order: After the hearing, the court will make a decision and issue a custody order. If awarded full custody, you’ll have the legal authority to make decisions about the child’s life.
    5. Ongoing Compliance: Ensure compliance with the court order and maintain open communication with the other parent regarding the child’s welfare.
    It’s essential to remain focused on the child’s best interests throughout the process. Legal advice is crucial to effectively navigate the complexities of custody cases.

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