30 May 2020 – Latest Regulations on the movement of minor children during the lockdown – The introduction of the Magistrate’s Permit

The Minister of Cooperative Governance and Traditional Affairs, Dr Nkosazana Dlamini Zuma, published new regulations regarding the Lockdown on 29 April 2020. As from 1 May 2020, South Africa’s lockdown would be on Level 4, one level down from when it started. The new regulations bring challenging changes regarding the movement of children between parents. For example, the provision of applying for a Magistrate’s permit. Therefore, some of the new regulations are welcomed by us, and others not. The regulations are further below. Click here to read an article regarding the previous regulations on the movement of children. Summary of the recent regulations that will come in effect tomorrow 1 May 2020:

Local movement of children during the lockdown

Movement of Children may only take place in the same metropolitan area or district municipality if the co-holders of parental responsibilities and rights or a caregiver is: (a) in possession of a Court Order; or (b) a parental responsibilities and rights agreement or parenting plan, registered with the family advocate; or (c) a permit issued by a magistrate which corresponds with Form 3 of Annexure A if the latter documentation is not available; and (d) The household to which the child has to move must be free of COVID-19. Before a magistrate may issue a permit, he or she must be provided with a birth certificate or certified copy of a birth certificate of the child or children to prove a legitimate relationship between the co-holders of parental responsibilities and rights. Furthermore, written reasons as to why the movement of the child is necessary must be provided. In our view, the permit application is a step back. This we say as previously there was no need for the application for a permit. The courts would be inundated with such applications. Producing a birth certificate as previously required should have continued.

Inter-Provincial movement of children during the National lockdown

The regulations now allow for a once-off movement of children between provinces during the lockdown. It states: “Any child who was not at the residence of their primary caregiver before the lockdown period and who could not travel between provinces, metropolitan and district areas during the lockdown will be permitted, on a once-off basis, to return to the residence of their primary caregiver if the co-holders of parental responsibilities and rights or a caregiver is in possession of a permit issued by a magistrate which corresponds with Form 3 of annexure A.” Before a magistrate issues a permit, he or she must be provided with: (a) a court order; or (b) a parental responsibilities and rights agreement or parenting plan registered with the family advocate; or (c) a birth certificate or certified copy of a birth certificate of the child or children to prove a legitimate relationship between the co-holders of parental responsibilities and rights, and (d) written reasons why the movement of the child is necessary. Furthermore, the household to which the child has to move must be free of COVID-19. Click here to read an article regarding the previous regulations on the movement of children. Below are the relevant regulations and the relevant form the Magistrate must provide. Movement of children
  1. (1) The movement of children between co-holders of parental responsibilities and rights or a caregiver, as defined in section 1(1) of the Children’s Act, 2005 (Act No. 38 of 2005), in the same metropolitan area or district municipality is allowed subject to the following if the co-holders of parental responsibilities and rights or a caregiver is in possession of—
(a) a court order; or (b) a parental responsibilities and rights agreement or parenting plan, registered with the family advocate (c) a permit issued by a magistrate where which corresponds with Form 3 of Annexure A if the documentation in paragraphs (a) and (b) is not available. (2) The movement of children between co-holders of parental responsibilities and rights or a caregiver, as defined in section 1(1) of the Children’s Act, 2005 (Act No. 38 of 2005), between different metropolitan areas, district municipalities or provinces is allowed if the co-holders of parental responsibilities and rights or a caregiver is in possession of a permit, issued by a magistrate which corresponds with Form 3 of Annexure A. (3) Any child who was not at the residence of their primary caregiver before the lockdown period and who could not travel between provinces, metropolitan and district areas during the lockdown will be permitted, on a once-off basis, to return to the residence of their primary caregiver if the co-holders of parental responsibilities and rights or a caregiver is in possession of a permit issued by a magistrate which corresponds with Form 3 of annexure A. (4) The household to which the child has to move, must be free of COVID-19. (5) (a) Before a magistrate issues a permit referred to in regulation 17(1)(c), he or she must be provided with— (i) birth certificate or certified copy of a birth certificate of the child or children to prove a legitimate relationship between the co-holders of parental responsibilities and rights; and (ii) written reasons why the movement of the child is necessary.   (b) Before a magistrate issues a permit referred to in 17(2) or (3), he or she must be provided with— (i) A court order (ii) a parental responsibilities and rights agreement or parenting plan registered with the family advocate or (iii) a birth certificate or certified copy of a birth certificate of the child or children to prove a legitimate relationship between the co-holders of parental responsibilities and rights; and (iv) written reasons why the movement of the child is necessary.
[caption id="attachment_9098" align="alignleft" width="651"]Permit issued by a Magistrate for the movement of children during the lockdown Permit issued by a Magistrate for the movement of children during the lockdown[/caption]                                           We are certain that you found the above article useful and interesting. Please consider sharing it on the share buttons below. They include Facebook, Twitter, LinkedIn, WhatsApp, Gmail and more. Someone may find it useful as well. Should you require business advice or services, feel free to click on these links: Business SA | Private Legal | Envirolaws Click here to read an article regarding the previous regulations on the movement of children.  
Posted on by Telelaw

30 May 2020 – Latest Regulations on the movement of minor children during the lockdown – The introduction of the Magistrate’s Permit

The Minister of Cooperative Governance and Traditional Affairs, Dr Nkosazana Dlamini Zuma, published new regulations regarding the Lockdown on 29 April 2020. As from 1 May 2020, South Africa’s lockdown would be on Level 4, one level down from when it started.

The new regulations bring challenging changes regarding the movement of children between parents. For example, the provision of applying for a Magistrate’s permit. Therefore, some of the new regulations are welcomed by us, and others not. The regulations are further below.

Click here to read an article regarding the previous regulations on the movement of children.

Summary of the recent regulations that will come in effect tomorrow 1 May 2020:

Local movement of children during the lockdown

Movement of Children may only take place in the same metropolitan area or district municipality if the co-holders of parental responsibilities and rights or a caregiver is:

(a) in possession of a Court Order; or

(b) a parental responsibilities and rights agreement or parenting plan, registered with the family advocate; or

(c) a permit issued by a magistrate which corresponds with Form 3 of Annexure A if the latter documentation is not available; and

(d) The household to which the child has to move must be free of COVID-19.

Before a magistrate may issue a permit, he or she must be provided with a birth certificate or certified copy of a birth certificate of the child or children to prove a legitimate relationship between the co-holders of parental responsibilities and rights. Furthermore, written reasons as to why the movement of the child is necessary must be provided.

In our view, the permit application is a step back. This we say as previously there was no need for the application for a permit. The courts would be inundated with such applications. Producing a birth certificate as previously required should have continued.

Inter-Provincial movement of children during the National lockdown

The regulations now allow for a once-off movement of children between provinces during the lockdown. It states:

“Any child who was not at the residence of their primary caregiver before the lockdown period and who could not travel between provinces, metropolitan and district areas during the lockdown will be permitted, on a once-off basis, to return to the residence of their primary caregiver if the co-holders of parental responsibilities and rights or a caregiver is in possession of a permit issued by a magistrate which corresponds with Form 3 of annexure A.”

Before a magistrate issues a permit, he or she must be provided with:

(a) a court order; or

(b) a parental responsibilities and rights agreement or parenting plan registered with the family advocate; or

(c) a birth certificate or certified copy of a birth certificate of the child or children to prove a legitimate relationship between the co-holders of parental responsibilities and rights, and

(d) written reasons why the movement of the child is necessary.

Furthermore, the household to which the child has to move must be free of COVID-19.

Click here to read an article regarding the previous regulations on the movement of children.

Below are the relevant regulations and the relevant form the Magistrate must provide.

Movement of children

  1. (1) The movement of children between co-holders of parental responsibilities and rights or a caregiver, as defined in section 1(1) of the Children’s Act, 2005 (Act No. 38 of 2005), in the same metropolitan area or district municipality is allowed subject to the following if the co-holders of parental responsibilities and rights or a caregiver is in possession of—

(a) a court order; or

(b) a parental responsibilities and rights agreement or parenting plan, registered with the family advocate

(c) a permit issued by a magistrate where which corresponds with Form 3 of Annexure A if the documentation in paragraphs (a) and (b) is not available.

(2) The movement of children between co-holders of parental responsibilities and rights or a caregiver, as defined in section 1(1) of the Children’s Act, 2005 (Act No. 38 of 2005), between different metropolitan areas, district municipalities or provinces is allowed if the co-holders of parental responsibilities and rights or a caregiver is in possession of a permit, issued by a magistrate which corresponds with Form 3 of Annexure A.

(3) Any child who was not at the residence of their primary caregiver before the lockdown period and who could not travel between provinces, metropolitan and district areas during the lockdown will be permitted, on a once-off basis, to return to the residence of their primary caregiver if the co-holders of parental responsibilities and rights or a caregiver is in possession of a permit issued by a magistrate which corresponds with Form 3 of annexure A.

(4) The household to which the child has to move, must be free of COVID-19.

(5) (a) Before a magistrate issues a permit referred to in regulation 17(1)(c), he or she must be provided with—

(i) birth certificate or certified copy of a birth certificate of the child or children to prove a legitimate relationship between the co-holders of parental responsibilities and rights; and (ii) written reasons why the movement of the child is necessary.

 

(b) Before a magistrate issues a permit referred to in 17(2) or (3), he or she must be provided with—

(i) A court order

(ii) a parental responsibilities and rights agreement or parenting plan registered with the family advocate or

(iii) a birth certificate or certified copy of a birth certificate of the child or children to prove a legitimate relationship between the co-holders of parental responsibilities and rights; and

(iv) written reasons why the movement of the child is necessary.

Permit issued by a Magistrate for the movement of children during the lockdown
Permit issued by a Magistrate for the movement of children during the lockdown

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

We are certain that you found the above article useful and interesting. Please consider sharing it on the share buttons below. They include Facebook, Twitter, LinkedIn, WhatsApp, Gmail and more. Someone may find it useful as well.

Should you require business advice or services, feel free to click on these links:

Business SA | Private Legal | Envirolaws

Click here to read an article regarding the previous regulations on the movement of children.

 

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The Children’s Act 38 of 2005 – child access to grandparents

In doing so, we have constructed a number of family legal articles containing free, expert legal advice. We have used the common issues potential clients come to us with, as a guide as to what address in these articles. For instance, we had a legal a matter in which the grandparents wanted to know what their chances are in gaining custody over their grandchild. The family legal expert then stated the following using the Children’s Act 38 of 2005:

The Children’s Act 38 of 2005

The Children’s Act is the main piece of legislation dealing with matters concerning children. Section 2 of the Children’s Act deals with its objective. Reading it would give you some type of understanding regarding the Act. It is quoted as follows: “2     Objects of Act   The objects of this Act are-   (a) to promote the preservation and strengthening of families;   (b) to give effect to the following constitutional rights of children, namely-            (i)     family care or parental care or appropriate alternative care when removed from the family environment;            (ii)     social services;            (iii)     protection from maltreatment, neglect, abuse or degradation; and            (iv)     that the best interests of a child are of paramount importance in every matter concerning the child;   (c) to give effect to the Republic’s obligations concerning the well-being of children in terms of international instruments binding on the Republic;   (d) to make provision for structures, services and means for promoting and monitoring the sound physical, psychological, intellectual, emotional and social development of children;   (e) to strengthen and develop community structures which can assist in providing care and protection for children;  (f) to protect children from discrimination, exploitation and any other physical, emotional or moral harm or hazards;  (g) to provide care and protection to children who are in need of care and protection;  (h) to recognise the special needs that children with disabilities may have; and  (i) generally, to promote the protection, development and well-being of children.”  As you can see, the Children’s Act’s object is very extensive, focused solely in the interests of the child. Now let us look at what does it say about the best interests of a child. For more information on this article, see Our only daughter is deceased. Can the Court give us sole custody and guardianship over our only grandchild, even if the father is still alive? What does the law say?   Call our law offices on 021 424 3487 and have an appointment made online for you by our friendly receptionist today!

Grounds for full custody – child access, child maintenance and divorce

When it comes to child custody grounds, there are different variables at play. Most times, if the one parent happens to be unstable, the grounds for custody will lean more strongly towards the other parent, understandably so. Having said that, a child access matter will have issues of visitation rights, divorce, child maintenance and drafting of parenting plans. These all go hand in hand when dealing with child custody. Enjoy some of our free, expert legal advice articles below which could be of help for your when it comes to child custody legal matters. Call our law offices on 021 424 3487 and have an appointment made online for you by our friendly receptionist today!

Legal advice articles – child custody, parenting plans and divorce

The articles below have been well crafted by the legal expert himself for your convenience:
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  4. Parental Child Abuse in Custody Cases
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  7. Father’s Parental Responsibilities and Rights to his Child
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Do feel free to visit our frequently asked questions page on child custody in which you can gain some clarity on the matter.   Connect with us today and have an appointment made online for you!
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Expertise and Specialisation

One of the primary reasons for choosing our law firm is our expertise and specialisation in diverse legal areas. As you can see from this website, advocate Muhammad Abduroaf practices in various fields of law. This breadth of expertise ensures that no matter the nature of your legal issue, you will have access to knowledgeable and experienced professionals who can provide tailored solutions.

Personalised Approach

We recognise that every client and every case is unique. That’s why we prioritise a personalised approach to legal representation. From the moment you engage our services, we take the time to understand your specific needs, concerns, and objectives. This allows us to develop strategies and solutions customised to your circumstances, ensuring the best possible outcome for your case.

Commitment to Excellence

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Responsive and Accessible

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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:
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[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.

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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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