Relocation of minor children – Frequenty Asked Question – Do I need a lawyer?

The only situation in which a relocation question regarding a minor child becomes a legal one is when one parent wishes to relocate with the child while the other parent does not consent. In such cases, legal assistance is necessary. If the parents cannot reach an agreement, the matter must be taken to court, which will then decide what is in the best interest of the minor child. For example, if one parent wants to relocate to Canada but the other parent refuses to consent to the child’s passport application and the relocation itself, the parent wishing to relocate would need to approach the High Court to seek permission to relocate without the other parent’s consent. After hearing both sides, the court will determine whether to authorize the relocation.

Do I need a lawyer?

The short answer is no. You do not need a lawyer to ask the court for permission to obtain a passport for a minor child or to relocate. However, it is always advisable to have a lawyer, as they understand the laws and processes involved. Should you wish to schedule a consultation with us, please complete the form below:
Posted on by Telelaw

Relocation of minor children – Frequenty Asked Question – Do I need a lawyer?

The only situation in which a relocation question regarding a minor child becomes a legal one is when one parent wishes to relocate with the child while the other parent does not consent. In such cases, legal assistance is necessary. If the parents cannot reach an agreement, the matter must be taken to court, which will then decide what is in the best interest of the minor child.

For example, if one parent wants to relocate to Canada but the other parent refuses to consent to the child’s passport application and the relocation itself, the parent wishing to relocate would need to approach the High Court to seek permission to relocate without the other parent’s consent. After hearing both sides, the court will determine whether to authorize the relocation.

Do I need a lawyer?

The short answer is no. You do not need a lawyer to ask the court for permission to obtain a passport for a minor child or to relocate. However, it is always advisable to have a lawyer, as they understand the laws and processes involved.

Should you wish to schedule a consultation with us, please complete the form below:

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Child Custody Law in South Africa

What exactly is child custody? Child custody refers to the legal order or instruction by the court to the parents of their child/children. The term Custody on its own, simply means to care or protect for. Hence child custody is concerned with the protection and care of a child by the parents. [caption id="attachment_4504" align="alignleft" width="300"] Call law offices: 0211110090
Email us at: [email protected][/caption] When it comes to the Children’s Act in South Africa, your legal expert/professional will tell you that the Act aims to have the child’s best interest in place. With that being said, the Act covers a number of legal aspects and rights regarding the child. Attorneys (Lawyers), Advocates and other legal professionals, will make use of the Act to ensure that they are doing things legally correct. The Children’s Act can be applied to parents, grandparents, aunties, uncles, teachers and so forth.

Sole Guardianship

Sole guardianship refers to one parent having full custody of the child. Some may interpret this wrongly and think that the other parent will no longer be able to see the child. This is not the case. It is however, commonly understood that the mother is usually awarded sole custody. This too, is no longer the case. Should the mother be the less responsible parent, sole custody may be awarded to the father by the court. Depending upon the nature and circumstance of the legal matter, the court may find joint custody in the child’s best interest. [caption id="attachment_4506" align="alignleft" width="300"] Call law offices: 0211110090
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Custody of divorced parents

There is so much at play when it comes to deciding to the custodian parent of the child with divorced parents. It is best advised that a parenting plan is professionally drafted and legally executed. A parenting plan outlines the rights of both parents with regards to the child; covers visitation rights and helps both parents reach a mutual ground. [caption id="attachment_4507" align="alignleft" width="300"] Call our law offices on: 0211110090
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Divorced father’s rights

Fathers do have rights to their child after divorce. Depending on the relationship between the two parents, they may reach a mutual agreement. If you’re a father who regular pays child maintenance but is still denied access to your child, you may want to take this up with a family law legal expert. [caption id="attachment_4494" align="alignleft" width="300"] Call our law offices on: 0211110090
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Child custody cases

Our Lawyer Pty Ltd have dealt with a number of child custody, divorce and child maintenance legal matters. Below are a few of our child custody articles you may find helpful: [caption id="attachment_4508" align="alignleft" width="300"] Call our law offices on: 0211110090
Email us at: [email protected][/caption] Call our offices today and have your legal appointment booked online immediately. Our Lawyer Pty Ltd is highly accommodating towards its clients and believe in making life easier for its clients. This is why we have decided to initiate an online appointment system as well as an online platform in which you can share your thoughts and post your legal questions. Connect with us today!  
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