[caption id="attachment_7072" align="alignleft" width="229"]Advocate Muhammad Abduroaf High Court Advocate South Africa Advocate Muhammad Abduroaf High Court Advocate South Africa[/caption]

Find the best Attorney, lawyer, or Trust Account Advocate in Cape Town

Everyone wants the best legal advice and services available. However not many of us know how to find a good or a reliable Attorney or Advocate when facing a legal problem. This article deals with the best way to find a Lawyer, Attorney or Advocate to assist you in resolving your legal problems.

Types of Lawyers – Attorneys and Advocates

You get many types of Lawyers. Some are good at some things and others are good at others. However, depending on your legal problem, a general Lawyer, Attorney or Advocate may not be the best person to speak to when handling your matter. Sometimes you will require an expert in the field. This would especially be so when dealing with specialist legal problems and where the stakes are high. These problems would include those of family law, business law, and criminal law. The fields mentioned, our specialist fields where you require a Lawyer or an Attorney with have special knowledge and skills in that field. Read on for some tips on how to find the best Attorney, or Lawyer for your legal problems.

How to find the best attorney or lawyer for your Legal problems?

For most, the starting point in your search to find a good Lawyer would be to do a simple search on the Internet for a good Lawyer, Advocate or Attorney in your area. You obviously do not want to find someone in another province. You may want to Google terms like “Attorney for child maintenance cape town” or “criminal law expert Durban”. Once you found somebody or a firm that meets your requirements, give them a call to see if they can assist you or advise you on your legal issue. You would most probably first speak to a receptionist. If you are satisfied, set up a consultation with them. Look for testimonials and other information of the law firm on the web before engaging with them. If you require legal advice, then most Lawyers should be able to provide you with it. However, if it relates to a Court case, then you may have to arrange a meeting with one or two more first to ensure that you are happy. You initially thought the web and telephone would limit your search and time spend sourcing that right Lawyer for the job.

Fees / Costs of the Lawyer

The costs of legal services are just as important as the costs of a medical procedure. We all want the best, but that is not something that can always be afforded. But at the same time, you do get very good Lawyers who are not expensive and are reasonable in their fees. As it would be impossible for any legal practitioner worth her salt to provide you with the exact figure for a legal case; an estimate is always possible and welcomed. Lawyers usually charge on a time basis. Therefore, if they work on your file for an hour, they will charge you for an hour. It is therefore important to find out what the lawyer’s rate is and how he or she charges. A fee agreement is usually entered into regulating the fees. The usual practice is for Attorneys to request a deposit beforehand. This deposit would be paid into the attorney’s trust account.

Final words of sourcing a lawyer

No two clients are alike. The same applies to lawyers. It is important that you make use of the services of a Lawyer you can get along with, and also that fits your pocket or budget. The last thing you want is for you or your Lawyer to terminate the mandate due to issues between the two of you. This would not benefit your case at all and could costs you or your case dearly. As stated, make use of the internet to source your Lawyer. Many Lawyers list their services and expertise on their firm’s website. Some websites even provide testimonials of satisfied clients. However, it is advised that you contact the law firm telephonically to find out more about the specific service you require and whether they can be of service to you. You would then want to meet with them to discuss your case and see if there are the right firm for the job and fit your budget. We are conveniently situated at The Pinnacle, corner of Strand and Burg Street in the CBD, Cape Town, South Africa. Make use of our online appointment system which is efficient and stress free. Call our offices for an online appointment today.
Posted on by Telelaw
Advocate Muhammad Abduroaf High Court Advocate South Africa
Advocate Muhammad Abduroaf High Court Advocate South Africa

Find the best Attorney, lawyer, or Trust Account Advocate in Cape Town

Everyone wants the best legal advice and services available. However not many of us know how to find a good or a reliable Attorney or Advocate when facing a legal problem. This article deals with the best way to find a Lawyer, Attorney or Advocate to assist you in resolving your legal problems.

Types of Lawyers – Attorneys and Advocates

You get many types of Lawyers. Some are good at some things and others are good at others. However, depending on your legal problem, a general Lawyer, Attorney or Advocate may not be the best person to speak to when handling your matter. Sometimes you will require an expert in the field. This would especially be so when dealing with specialist legal problems and where the stakes are high. These problems would include those of family law, business law, and criminal law. The fields mentioned, our specialist fields where you require a Lawyer or an Attorney with have special knowledge and skills in that field. Read on for some tips on how to find the best Attorney, or Lawyer for your legal problems.

How to find the best attorney or lawyer for your Legal problems?

For most, the starting point in your search to find a good Lawyer would be to do a simple search on the Internet for a good Lawyer, Advocate or Attorney in your area. You obviously do not want to find someone in another province. You may want to Google terms like “Attorney for child maintenance cape town” or “criminal law expert Durban”. Once you found somebody or a firm that meets your requirements, give them a call to see if they can assist you or advise you on your legal issue. You would most probably first speak to a receptionist. If you are satisfied, set up a consultation with them. Look for testimonials and other information of the law firm on the web before engaging with them.

If you require legal advice, then most Lawyers should be able to provide you with it. However, if it relates to a Court case, then you may have to arrange a meeting with one or two more first to ensure that you are happy. You initially thought the web and telephone would limit your search and time spend sourcing that right Lawyer for the job.

Fees / Costs of the Lawyer

The costs of legal services are just as important as the costs of a medical procedure. We all want the best, but that is not something that can always be afforded. But at the same time, you do get very good Lawyers who are not expensive and are reasonable in their fees. As it would be impossible for any legal practitioner worth her salt to provide you with the exact figure for a legal case; an estimate is always possible and welcomed.

Lawyers usually charge on a time basis. Therefore, if they work on your file for an hour, they will charge you for an hour. It is therefore important to find out what the lawyer’s rate is and how he or she charges. A fee agreement is usually entered into regulating the fees. The usual practice is for Attorneys to request a deposit beforehand. This deposit would be paid into the attorney’s trust account.

Final words of sourcing a lawyer

No two clients are alike. The same applies to lawyers. It is important that you make use of the services of a Lawyer you can get along with, and also that fits your pocket or budget. The last thing you want is for you or your Lawyer to terminate the mandate due to issues between the two of you. This would not benefit your case at all and could costs you or your case dearly.

As stated, make use of the internet to source your Lawyer. Many Lawyers list their services and expertise on their firm’s website. Some websites even provide testimonials of satisfied clients. However, it is advised that you contact the law firm telephonically to find out more about the specific service you require and whether they can be of service to you. You would then want to meet with them to discuss your case and see if there are the right firm for the job and fit your budget.

We are conveniently situated at The Pinnacle, corner of Strand and Burg Street in the CBD, Cape Town, South Africa. Make use of our online appointment system which is efficient and stress free. Call our offices for an online appointment today.

Related Post

Divorce Lawyers – Make sure your Attorney or Advocate is on your side

Divorce Lawyer – Divorces need not be difficult. With a large number of marriages ending up in divorce; surely the process should be simple. When a marriage has broken down irretrievably, life needs to go on. It is senseless to make up for your unsuccessful marriage, by trying to have a successful divorce. If there are children involved, there is even more reason not to fight. And if there are no children involved, the only outstanding issues would be property. But if you were married out of Community of Property, there is no need to fight at all. This is where a good divorce lawyer comes in.

Family Law Questions and Answers

Should you not find what you are looking for, feel free to post your questions on our blog, by clicking on the following links:

Divorces – Questions and Answers

Child Custody – Questions and Answers

Child Maintenance – Question and Answers

Domestic Violence – Questions and Answers

You are welcome to call us on 021 424 3487 / 0870735800

For other legal and business services, feel free to visit:

Business SA or Private Legal.

This article does not deal with the procedural aspects of a divorce. Other articles on this website deal with that. The aim of this article is for you to search and find a good divorce lawyer, attorney, or advocate that has your best interests at heard. In other words, not there to make a small fortune off you, at the expense of your well being and that of your family. Below you would find a consent paper, with reasonable terms, that can be customised accordingly.

How should divorce lawyers deal with divorce matters?

Not all divorces are the same. But the reality is, not all divorces need to be a fight. The only persons that benefit from a long drawn out divorce are lawyers. And once the funds dry out, so too does the divorce lawyer’s energy for your case. In our view, the first thing the divorce lawyers should do when approached by a client for a divorce is to resolve it expeditiously. This can be done by trying to call both parties into a round table meeting. This is where all issues are unpacked. If that is not possible, send the other side a reasonable settlement agreement. In that way, before huge sums of money are wasted on legal costs; matters can be resolved in a cost effective manner. Have a look at the Settlement Agreement below which should be part of any good divorce lawyer’s templates. It is reasonable an one that should be accepted by the other side with due amendments. [caption id="attachment_6682" align="alignleft" width="300"]Divorce Attorney Cape Town Divorce Attorney Cape Town[/caption]

EXAMPLE OF A CONSENT PAPER

IN   THE   HIGH   COURT OF SOUTH   AFRICA (WESTERN CAPE DIVISION, CAPE TOWN) CASE NO:          /18 In the matter between:   JOHN SMITH                                                                    PLAINTIFF       and     JANE SMITH                                                                   DEFENDANT     CONSENT PAPER   INTRODUCTION THE PARTIES, as described above, were married to each other on XXX, at XXX, Cape Town, Western Cape, and the marriage still so subsists; THREE (3) MINOR CHILDREN, namely, XXX (hereafter together referred to as “the minor children”), were born from the marriage; THE PARTIES find it unfortunate, and are in agreement that the marriage has broken down irretrievably and that there is no reasonable prospect of the restoration of a normal relationship between them; AND THEREFORE, the Parties both wish for a divorce, dissolving the marriage between them, which divorce both parties would co-operate in finalising as friendly and as speedily as possible; AND WHEREAS the Parties have arrived at an Agreement relating, inter alia, to parental responsibilities and rights, proprietary rights and costs of suit, which agreement the Parties desire to record in writing and have incorporated in the Final Order of Divorce in the event of the above Honourable Court seeing it fit to grant a Final Decree of Divorce dissolving the marriage between the Parties. NOW THEREFORE THESE SAID PARTIES AGREES AS FOLLOWS:
  1. PERSONAL MAINTENANCE
    • Each Party hereby waives his or her claim to personal maintenance, past, present and future from the other Party, if any;
  2. PARENTAL RESPONSIBILITIES AND RIGHTS
    • The Parties are to remain co-holders of parental responsibilities and rights in respect of the minor children in terms of the Children’s Act, 38 of 2005 (“the Children’s Act”) as follows:
      • The Parties are to remain co-holders of guardianship over the minor children as provided for in Section 18(2(c), 18(3), 18(4) and 18(5) of the Children’s Act; and
      • The Parties are to remain co-holders of parental responsibilities and rights of care and contact in respect of the minor children as provided for in Section 18(2)(a) and (b) of the Children’s Act.
    • The Parties’ rights of care and contact shall be implemented as follows:
      • The minor children shall reside primarily with Plaintiff who shall be their primary care-giver; and
      • Defendant shall have reasonable contact with the minor children as follows unless agreed to otherwise between the Parties:
        • Every alternative weekend, commencing from Friday 15:00 until 17:00 on the Sunday;
        • Every Tuesday preceding his weekend of contact from 17:00 to 20:00; and
        • Every Thursday succeeding his weekend of contact from 17:00 to 20:00.
      • School Holidays
        • Equal sharing of long and short school holidays, in that the minor children shall reside one half with Plaintiff and the other with Defendant which shall alternate each year.
      • Special Days Contact
      • The Plaintiff and/or the Defendant, as the case may be, shall further have contact with the minor children on the following days for 3 (three) hours notwithstanding in whose care the minor children are in on those days:
        • Christmas Day;
        • The minor children’s birthday;
        • Father’s Day and Mother’s Day; and
        • The Parties’ birthday.
      • The Parties shall have telephonic contact with the minor children on a regular basis whilst the minor children are in the other’s care;
      • Notwithstanding the above, the Parties shall have reasonable contact with the minor children at all times, provided that any additional contact shall be arranged telephonically and shall only take place by prior arrangement and consensus between the Parties; and
      • The Parties shall respect each other’s privacy and shall not enter each other’s homes at any time without prior invitation, whether for the purpose of fetching or returning the minor children or any other reason whatsoever.
    • JOINT DECISION MAKING
      • The Parties shall make joint decisions about the following aspects of the minor children’s life:
        • Major decisions about the minor children’s schooling and tertiary education;
        • Major decisions about the minor children’s physical care, mental health care and medical care;
        • Major decisions about the minor children’s religious and spiritual upbringing;
        • Decisions about the minor children’s residence both within and outside the Cape Peninsula;
        • Decisions which are likely to significantly change the minor children’s living conditions or to have an adverse effect on their well-being; and
        • Decisions which affect the minor children’s everyday care and daily routine shall be made by the party in whose care the minor children are in at the relevant time.
  1. FACILITATION
    • A facilitator shall be appointed by the parties jointly to facilitate and assist in resolving disputes between the parties relating to the minor children;
    • These disputes shall include contact disputes should one party feel that contact should be increased or decreased, or varied for either party;
    • In the event of the facilitator being unable to continue as facilitator, then he/she shall appoint a facilitator in his/her place, alternatively, or should the parties be unable to agree on the appointment of a facilitator or replacement facilitator, such facilitator or replacement facilitator as the case may be shall be appointed by the chairperson for the time being of FAMAC (Western Cape);
    • In the event of the parties being unable to reach agreement in respect of a dispute, with the assistance of the facilitator, then the facilitator shall be entitled to issue a directive in respect of such dispute which shall be valid of full legal force and effect and binding upon the parties until a court of competent jurisdiction Orders differently;
    • The facilitator shall be entitled in his/her sole discretion to appoint such other person as may be necessary in order to make a decision in respect of the issue in dispute, including the right to co-opt a facilitator or the assistance of an appropriate expert if he/she deems it appropriate or necessary; and
    • The cost of sessions with the facilitator and the services of the expert shall be shared equally between the parties unless otherwise directed by the facilitator. Each Party shall, however, be liable for the facilitator’s costs incurred attendant upon such party’s written and telephonic communications with the facilitator.
  2. CHILD MAINTENANCE
    • Defendant shall pay an amount of R XXX – 00 (XXX Rand) per month per child, in respect of child maintenance;
    • The aforementioned amounts are payable on or before the 1st day of each and every succeeding month from the date of the Divorce. The said sum shall be paid into such bank account as Plaintiff may nominate from time to time;
    • The child maintenance payable shall increase annually on the 1st day of January each year, in accordance with the rise that has taken place in the preceding 12 (Twelve) months in the Consumer Price Index (CPI) for the Republic of South Africa, as determined by the Director of Statistics or its equivalent for persons in the middle-income group;
    • Plaintiff shall retain Alyssa Skye Abrahams, on her current medical aid scheme, or a similar scheme with similar benefits;
    • Defendant shall retain Joel Malcolm Abrahams, on his current medical aid scheme, or similar scheme with similar benefits;
    • Both Parties would be responsible, in equal shares in respect of the minor children for all reasonable medical, psychological, physiotherapy, dental, ophthalmic, pharmaceutical, hospitalization and prescribed medication costs, incurred, and not covered by the latter medical aid schemes.
    • If the minor children display aptitudes and qualify for tertiary education, then both Parties shall be responsible in equal shares for all the costs associated with such tertiary education, which shall include, but not limited to, tuition, textbooks, transport, and boarding if necessary. In this regard, if one Party paid for an educational expense in full, he or she shall accordingly be reimbursed with half the expense within 7 (seven) days of being showed proof of such expense.
  3. THE JOINT ESTATE OF THE PARTIES SHALL BE DIVIDED AS FOLLOWS:
    • Defendant’s Investment Policy
      • XXX
    • MOTOR VEHICLES
      • XXX
  1. BALANCE OF THE JOINT ESTATE
    • The balance of the Joint Estate shall equally be divided between the Parties.
  2. OBLIGATIONS BINDING ON ESTATE
    • The obligations in terms of this Consent Paper shall be binding on the parties’ respective estates, heirs, administrators and/or assigns.
  3. FULL AND FINAL SETTLEMENT
    • This Agreement is a full and final settlement of all outstanding differences between them, and save as herein provided, neither party shall enjoy any personal claim against the other.
  4. COSTS
    • Each party shall pay their own legal costs associated with the divorce.
   
Posted on by Telelaw

[caption id="attachment_10841" align="alignnone" width="687"]Relocation consent Court Order for minor child to the United Kingdom - UK - Advocate Muhammad Abduroaf Relocation consent Court Order for minor child to the United Kingdom – UK – Advocate Muhammad Abduroaf[/caption]

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

The United Kingdom 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 the United Kingdom, if a minor child will be joining that parent and also relocating to the United Kingdom, 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 the United Kingdom. Before we do so, let us list the various cities and towns in the United Kingdom to which you may want to relocate: England, Bath and North East Somerset (unitary authority), Bedford (unitary authority), Bedford (city), Blackburn with Darwen (unitary authority), Blackpool (town and unitary authority), Bournemouth (town and unitary authority), Bracknell Forest (unitary authority), Sandhurst (town), Brighton and Hove (unitary authority), Brighton (town and urban area), Hove (town and urban area), Bristol (city and unitary authority), Buckinghamshire (county), Aylesbury Vale (district), Aylesbury (town), Chiltern (district), Amersham (town), Chalfont St. Giles (town), South Bucks (district), Beaconsfield (town), Stoke Poges (town), Wycombe (district), High Wycombe (town and urban area), Marlow (town), Cambridgeshire (county), East Cambridgeshire (district), Ely (town), Fenland (district), Wisbech (town), Huntingdonshire (district), Huntingdon (town), Ramsey (town), St. Ives (town), South Cambridgeshire (district), Cambridge (city and district), Central Bedfordshire (unitary authority), Ampthill (town), Dunstable (town), Cheshire East (unitary authority), Congleton (town), Crewe (town), Knutsford (town), Macclesfield (town), Nantwich (town), Cheshire West and Chester (unitary authority), Chester (urban area), Northwich (town), Cornwall (unitary authority), Bodmin (town), Falmouth (town), Fowey (town), Helston (town), Launceston (town), Looe (town), Lostwithiel (town), Newquay (town), Penryn (town), Penzance (town), St. Austell (town), Saltash (town), Tintagel (village), Truro (city), Cumbria (county), Allerdale (district), Cockermouth (town), Keswick (town), Workington (town), Barrow-in-Furness (town and district), Carlisle (urban area, city and district), Copeland (district), Whitehaven (town), Eden (district), Penrith (town), South Lakeland (district), Grasmere (village), Kendal (town), Darlington (town and unitary authority), Derby (city and unitary authority), Derbyshire (county), Amber Valley (district), Belper (town), Bolsover (town and district), Chesterfield (town and district), Derbyshire Dales (district), Ashbourne (town), Matlock (town), Erewash (district), High Peak (district), Buxton, North East Derbyshire (district), South Derbyshire (district), Repton (village), Devon (county), East Devon (district), Axminster (town), Exmouth (town), Sidmouth (town), Exeter (city and district), Mid Devon (district), Crediton (town), North Devon (district), Barnstaple (town), Lynton and Lynmouth (town), South Hams (district), Dartmouth (town), Totnes (town), Teignbridge (district), Ashburton (town), Dawlish (town), Newton Abbot (town), Teignmouth (town), Torridge (district), Bideford (town), West Devon (district), Okehampton (town), Dorset (county), Christchurch (town and district), East Dorset (district), Wimborne Minster (town), North Dorset (district), Purbeck (district), Corfe Castle (village), West Dorset (district), Dorchester (town), Lyme Regis (town), Weymouth and Portland (district), Durham (unitary authority), Barnard Castle (town), Chester-le-Street (town), Durham (urban area), East Riding of Yorkshire (unitary authority), Beverley (town), Goole (town), East Sussex (county), Eastbourne (district), Hastings (district), Lewes (district), Lewes (town), Newhaven (town), Rother (district), Battle (town), Bexhill (town), Rye (town), Winchelsea (village), Wealden (district), Crowborough (town), Herstmonceux (village), Pevensey (village), Essex (county), Basildon (district), Braintree (town and district), Brentwood (town and district), Castle Point (district), Chelmsford (town and district), Colchester (town and district), Epping Forest (district), Chigwell (town), Harlow (town and district), Maldon (town and district), Burnham-on-Crouch (town), Rochford (district), Tendring (district), Harwich (town), Uttlesford (district), Saffron Walden (town), Gloucestershire (county), Cheltenham (town and district), Cotswold (district), Cirencester (town), Forest of Dean (district), Gloucester (city and district), Stroud (town and district), Tewkesbury (district), Tewkesbury (town), Winchcombe (village), Greater London (metropolitan county; See also London), Inner London, Camden (borough), Bloomsbury (neighbourhood), City of London (borough), Smithfield (area), City of Westminster (borough), Charing Cross (locality), St. Marylebone (neighbourhood), Soho (neighbourhood), Hackney (borough), Hammersmith and Fulham (borough), Haringey (borough), Islington (borough), Clerkenwell (neighbourhood), Kensington and Chelsea (borough), Lambeth (borough), Vauxhall (neighbourhood), Lewisham (borough), Newham (borough), Southwark (borough), Dulwich (neighbourhood), Tower Hamlets (borough), Limehouse (neighbourhood), Wandsworth (borough), Battersea (neighbourhood), Outer London, Barking and Dagenham (borough), Barnet (borough), Bexley (borough), Brent (borough), Bromley (borough), Croydon (borough), Ealing (borough), Enfield (borough), Greenwich (borough), Woolwich (town), Harrow (borough), Havering (borough), Hillingdon (borough), Hounslow (borough), Kingston upon Thames (borough), Merton (borough), Wimbledon (neighbourhood), Redbridge (borough), Richmond upon Thames (borough), Teddington (neighbourhood), Sutton (borough), Waltham Forest (borough), Greater Manchester (metropolitan county), Bolton (town and metropolitan borough), Bury (town and metropolitan borough), Manchester (city and metropolitan borough), Oldham (urban area and metropolitan borough), Rochdale (town and metropolitan borough), Salford (city and metropolitan borough), Stockport (urban area and metropolitan borough), Tameside (metropolitan borough), Trafford (metropolitan borough), Wigan (town and metropolitan borough), Atherton (town and urban area), Halton (unitary authority), Runcorn (town), Widnes (town), Hampshire (county), Basingstoke and Deane (district), Silchester (village), East Hampshire (district), Alton (town), Eastleigh (town and district), Fareham (town and district), Gosport (town and district), Hart (district), Havant (town and district), New Forest (district), Rushmoor (district), Test Valley (district), Andover (town), Romsey (town), Winchester (town and district), Hartlepool (town and unitary authority), Herefordshire (unitary authority), Hereford (city), Leominster (town), Ross-on-Wye (town), Hertfordshire (county), Broxbourne (district), Dacorum (district), Berkhamsted (town), Hemel Hempstead (town and urban area), East Hertfordshire (district), Bishop’s Stortford (town), Hertford (town), Ware (town), Hertsmere (district), North Hertfordshire (district), Letchworth (town), St. Albans (town and district), Stevenage (town and district), Three Rivers (district), Watford (town and district), Welwyn Hatfield (district), Hatfield (town), Welwyn Garden City (town and urban area), Isle of Wight (unitary authority), Carisbrooke (village), Cowes (town), Freshwater (town), Newport (town), Ryde (town), Ventnor (town), Isles of Scilly (independent administrative unit), Hugh Town (village), Kent (county), Ashford (town and district), Canterbury (town and district), Herne Bay (town), Whitstable (town), Dartford (town and district), Dover (district), Deal (town), Dover (town), Sandwich (town), Gravesham (district), Gravesend (town), Maidstone (town and district), Sevenoaks (district), Edenbridge (town), Shepway (district), Folkestone (town), Hythe (town), Lydd (town), New Romney (town), Swale (district), Faversham (town), Thanet (district), Broadstairs and St. Peter’s (town), Margate (town), Ramsgate (town), Tonbridge and Malling (district), Tunbridge Wells (town and district), Royal Tunbridge Wells (town), Kingston upon Hull (city and unitary authority), Lancashire (county), Burnley (town and district), Chorley (town and district), Fylde (district), Hyndburn (district), Lancaster (urban area and district), Pendle (district), Preston (city and district), Walton-le-Dale (neighbourhood), Ribble Valley (district), Rossendale (district), South Ribble (district), West Lancashire (district), Skelmersdale (town), Wyre (district), Leicester (city and unitary authority), Leicestershire (county), Blaby (district), Charnwood (district), Loughborough (town), Harborough (district), Market Harborough (town), Hinckley and Bosworth (district), Melton (district), North West Leicestershire (district), Oadby and Wigston (district), Lincolnshire (county), Boston (town and district), East Lindsey (district), Lincoln (district), North Kesteven (district), South Kesteven (district), Grantham (town), Stamford (town), South Holland (district), Crowland (village), West Lindsey (district), Gainsborough (town), Luton (town and unitary authority), Medway (unitary authority), Chatham (town), Gillingham (town), Rochester (town), Merseyside (metropolitan county), Knowsley (metropolitan borough), Huyton (former town), Liverpool (city and metropolitan borough), St. Helens (urban area and metropolitan borough), Sefton (metropolitan borough), Southport (town), Wirral (metropolitan borough), Birkenhead (town and urban area), Middlesbrough (town and unitary authority), Milton Keynes (town and unitary authority), Norfolk (county), Breckland (district), East Dereham (town), Thetford (town), Broadland (district), Great Yarmouth (town and district), King’s Lynn and West Norfolk (district), Castle Rising (village), King’s Lynn (town), Sandringham (village), North Norfolk (district), Norwich (city and district), South Norfolk (district), North East Lincolnshire (unitary authority), Cleethorpes (town and urban area), Grimsby (town), North Lincolnshire (unitary authority), Scunthorpe (town and urban area), North Somerset (unitary authority), Weston-super-Mare (town), North Yorkshire (county), Craven (district), Hambleton (district), Northallerton (town), Harrogate (town and district), Knaresborough (town), Ripon (city), Richmondshire (district), Richmond (town), Ryedale (district), Malton (town), Scarborough (town and district), Whitby (town), Selby (town and district), Northamptonshire (county), Corby (town and district), Daventry (town and district), East Northamptonshire (district), Oundle (town), Kettering (district), Northampton (town and district), South Northamptonshire (district), Wellingborough (town and district), Northumberland (unitary authority), Bamburgh (village), Bedlington (town), Cramlington (town), Hexham (town), Morpeth (town), Warkworth (village), Nottingham (city and unitary authority), Nottinghamshire (county), Ashfield (district), Bassetlaw (district), Worksop (town), Broxtowe (district), Beeston and Stapleford (urban area), Gedling (district), Mansfield (town and district), Newark and Sherwood (district), Newark-on-Trent (town), Rushcliffe (district), West Bridgford (town), Oxfordshire (county), Cherwell (district), Banbury (town), Bicester (town), Oxford (city and district), South Oxfordshire (district), Henley-on-Thames (town), Vale of White Horse (district), Wantage (town), West Oxfordshire (district), Burford (town), Peterborough (city and unitary authority), Plymouth (city and unitary authority), Poole (town and unitary authority), Portsmouth (city and unitary authority), Reading (town and unitary authority), Redcar and Cleveland (unitary authority), Rutland (unitary authority), Uppingham (town), Shropshire (unitary authority), Bridgnorth (town), Ludlow (town), Much Wenlock (town), Oswestry (town), Shrewsbury (town), Stokesay (village), Slough (town and unitary authority), Somerset (county), Mendip (district), Glastonbury (town), Wells (city), Sedgemoor (district), Bridgwater (town), Cheddar (village), South Somerset (district), Ilchester (town), Langport (town), Taunton Deane (district), Taunton (town), Wellington (town), West Somerset (district), Dunster (town), Minehead (town), South Gloucestershire (unitary authority), Badminton (village), Kingswood (urbanized area), South Yorkshire (metropolitan county), Barnsley (town and metropolitan borough), Doncaster (town and metropolitan borough), Adwick le Street (town), Rotherham (town and metropolitan borough), Sheffield (town, city, and metropolitan borough), Southampton (city and unitary authority), Southend-on-Sea (town and unitary authority), Staffordshire (county), Cannock Chase (district), East Staffordshire (district), Burton upon Trent (town and urban area), Lichfield (city and district), Newcastle-under-Lyme (town and district), South Staffordshire (district), Stafford (town and district), Staffordshire Moorlands (district), Tamworth (district), Stockton-on-Tees (town and unitary authority), Stoke-on-Trent (city and unitary authority), Suffolk (county), Babergh (district), Sudbury (town), Forest Heath (district), Mildenhall (town), Newmarket (town), Ipswich (town and district), Mid Suffolk (district), St. Edmundsbury (district), Bury St. Edmunds (town), Suffolk Coastal (district), Dunwich (village), Felixstowe (town), Woodbridge (town), Waveney (district), Beccles (town), Lowestoft (town), Surrey (county), Elmbridge (district), Epsom and Ewell (district), Guildford (town and district), Mole Valley (district), Dorking (town), Reigate and Banstead (district), Runnymede (district), Spelthorne (district), Staines (town and urban area), Surrey Heath (district), Tandridge (district), Waverley (district), Haslemere (town), Woking (district), Swindon (town and unitary authority), Telford and Wrekin (unitary authority), Telford (town and urban area), Thurrock (town and unitary authority), Tilbury (town), Torbay (unitary authority), Brixham (town), Tyne and Wear (metropolitan county), Gateshead (town and metropolitan borough), Felling (ward), Newcastle upon Tyne (city and metropolitan borough), Newburn (neighbourhood), North Tyneside (metropolitan borough), Wallsend (town), South Tyneside (metropolitan borough), Jarrow (town and urban area), South Shields (town), Sunderland (town and metropolitan borough), Washington (town), Warrington (city and unitary authority), Warwickshire (county), North Warwickshire (district), Nuneaton and Bedworth (district), Bedworth (town), Rugby (town and district), Stratford-on-Avon (district), Warwick (district), Royal Leamington Spa (town), Warwick (town), West Berkshire (unitary authority), Newbury (town), West Midlands (metropolitan county), Birmingham (city and metropolitan borough), Coventry (city and metropolitan borough), Dudley (metropolitan borough), Sandwell (metropolitan borough), West Bromwich (locality), Solihull (metropolitan borough), Walsall (metropolitan borough), Wolverhampton (metropolitan borough), West Sussex (county), Adur (district), Shoreham-by-Sea (town), Arun (district), Arundel (town), Bognor Regis (town), Chichester (district), Petworth (town), Crawley (town and district), Horsham (town and district), Mid Sussex (district), East Grinstead (town), Worthing (district), West Yorkshire (metropolitan county), Bradford (urban area, city, and metropolitan borough), Haworth (town), Keighley (town), Saltaire (village), Calderdale (metropolitan borough), Halifax (town and urban area), Todmorden (town), Kirklees (metropolitan borough), Dewsbury (town), Huddersfield (town and urban area), Leeds (urban area, city, and metropolitan borough), Wakefield (urban area, city, and metropolitan borough), Pontefract (town), Wiltshire (county), Amesbury (town), Bradford-on-Avon (town), Chippenham (town), Cricklade (town), Devizes (town), Malmesbury (town), Marlborough (town), Salisbury (city), Trowbridge (town), Westbury (town), Wilton (town), Windsor and Maidenhead (unitary authority), Ascot (locality), Bray (town), Eton (town), Maidenhead (town), Windsor (town and urban area), Wokingham (town and unitary authority), Worcestershire (county), Bromsgrove (district), Malvern Hills (town and district), Great Malvern (town), Redditch (town and district), Worcester (city and district), Wychavon (district), Broadway (village), Droitwich (town), Evesham (town), Wyre Forest (district), Kidderminster (town), York (city and unitary authority), Northern Ireland, Antrim and Newtownabbey (district), Antrim (town), Newtownabbey (district), Ards and North Down (district), Newtownards (town), Bangor (town), Armagh, Banbridge, and Craigavon (district), Armagh (city), Banbridge (town), Dromore (town), Craigavon (town), Lurgan (town), Belfast (city and district), Stormont (locality), Causeway Coast and Glens (district), Ballycastle (town), Ballymoney (town), Coleraine (town), Portrush (town), Limavady (town), Derry and Strabane (district), Londonderry (city), Strabane (town), Fermanagh and Omagh (district), Enniskillen (town), Omagh (town), Lisburn and Castlereagh (district), Lisburn (town), Mid and East Antrim (district), Ballymena (town), Carrickfergus (town), Larne (town), Mid Ulster (district), Cookstown (town), Dungannon (town), Magherafelt (town), Newry, Mourne, and Down (district), Downpatrick (town), Kilkeel (town), Newcastle (town), Newry (town), Scotland, Aberdeen (city and council area), Aberdeenshire (council area), Banff (town), Braemar (village), Cruden Bay (village), Peterhead (town), St. Fergus (village), Angus (council area), Arbroath (town), Brechin (town), Forfar (town), Glamis (village), Montrose (town), Argyll and Bute (council area), Campbeltown (town), Dunoon (town), Inveraray (town), Lochgilphead (town), Rothesay (town), Tarbert (village), Clackmannanshire (council area), Dumfries and Galloway (council area), Dumfries (town), Gretna Green (village), Kirkcudbright (town), Lochmaben (town), Whithorn (town), Dundee (city and council area), East Ayrshire (council area), Cumnock (town), Kilmarnock (town), Mauchline (village), East Dunbartonshire (council area), Kirkintilloch (town), Milngavie (town), East Lothian (council area), Dunbar (town), Haddington (town), East Renfrewshire (council area), Edinburgh (city and council area), Leith (port), Falkirk (council area), Falkirk (town), Grangemouth (town), Fife (council area), Buckhaven (town), Culross (town), Cupar (town), Dunfermline (city), Glenrothes (town), Kirkcaldy (town), Rosyth (town), St. Andrews (city), Glasgow (city and independent council area), Highland (council area), Alness (village), Cawdor (village), Cromarty (town), Fort William (town), Invergordon (town), Inverness (town), John o’Groats (village), Nigg (village), Thurso (town), Wick (town), Inverclyde (council area), Greenock (town), Midlothian (council area), Dalkeith (town), Moray (council area), Elgin (town), Forres (town), Lossiemouth (town), North Ayrshire (council area), Irvine (town), North Lanarkshire (council area), Coatbridge (town), Cumbernauld (town), Motherwell and Wishaw (urban area), Orkney Islands (council area), Kirkwall (town), Perth and Kinross (council area), Dunkeld (city), Kinross (town), Perth (city), Scone (village), Renfrewshire (council area), Paisley (town), Renfrew (town), Scottish Borders (council area), Coldstream (town), Duns (town), Galashiels (town), Hawick (town), Jedburgh (town), Kelso (town), Melrose (town), Newtown St. Boswells (village), Peebles (town), Selkirk (town), Shetland Islands (council area), Lerwick (town), Sullom Voe (locality), South Ayrshire (council area), Ayr (town), Alloway (suburb), Prestwick (town), South Lanarkshire (council area), East Kilbride (town), Hamilton (town), Lanark (town), Stirling (council area), Balquhidder (village), Bannockburn (town), Callander (town), Stirling (town), West Dunbartonshire (council area), Clydebank (town), Dumbarton (town), West Lothian (council area), Linlithgow (town), Livingston (town), Western Isles (council area), Stornoway (town), Wales, Blaenau Gwent (county borough), Abertillery (town), Ebbw Vale (town and urban area), Bridgend (county borough), Bridgend (town and urban area), Porthcawl (town), Caerphilly (county borough), Caerphilly (town and urban area), Gelligaer (town), Cardiff (city and county borough), Llandaff (former town, neighborhood), Carmarthenshire (county), Carmarthen (town), Llanelli (town and urban area), Ceredigion (county), Aberystwyth (town), Cardigan (town), Conwy (county borough), Colwyn Bay (town and urban area), Conwy (town), Llandudno (town), Denbighshire (county), Denbigh (town), Rhyl (town), St. Asaph (village), Flintshire (county), Hawarden (town), Holywell (town), Gwynedd (county), Bala (town), Bangor (city), Caernarfon (town), Harlech (village), Isle of Anglesey (county), Holyhead (town), Llangefni (town), Merthyr Tydfil (town and county borough), Monmouthshire (county), Abergavenny (town), Chepstow (town), Monmouth (town), Usk (town), Neath Port Talbot (county borough), Margam (locality), Neath (town and urban area), Pontardawe (town), Port Talbot (town and urban area), Newport (town and county borough), Caerleon (town), Pembrokeshire (county), Haverfordwest (town), Milford Haven (town), Pembroke (urbanized area), St. David’s (city), Tenby (town), Powys (county), Brecon (town), Builth Wells (town), Llandrindod Wells (town), Montgomery (town), Newtown (town), Welshpool (town), Rhondda Cynon Taf (county borough), Aberdare (town), Hirwaun (village), Llantrisant (town), Mountain Ash (town), Pontypridd (town), Swansea (county), Swansea (city), Torfaen (county borough), Cwmbrân (town and urban area), Pontypool (town and urban area), Vale of Glamorgan (county), Barry (town), Cowbridge (town), Llantwit Major (town), Wrexham (county borough). (https://www.britannica.com/topic/list-of-cities-and-towns-in-the-United-Kingdom-2034188)  

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

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 the United Kingdom. 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 the United Kingdom. Even if the minor child only wants to go for a short holiday to the United Kingdom, both guardians’ Consent would be required.

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

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 the United Kingdom. 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 the United Kingdom.

Mother’s Consent for relocation of the minor child to the United Kingdom

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 the United Kingdom, 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 the United Kingdom

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 the United Kingdom. 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 the United Kingdom.

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

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 the United Kingdom?

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 the United Kingdom, 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 the United Kingdom, then the Court will make an Order similar to that which is shown below. [caption id="attachment_10840" align="alignnone" width="658"]Relocation consent Court Order for minor child to the United Kingdom - UK - Advocate Muhammad Abduroaf Relocation consent Court Order for minor child to the United Kingdom – UK – Advocate Muhammad Abduroaf[/caption] [caption id="attachment_10841" align="alignnone" width="678"]Relocation consent Court Order for minor child to the United Kingdom - UK - Advocate Muhammad Abduroaf Relocation consent Court Order for minor child to the United Kingdom – UK – Advocate Muhammad Abduroaf[/caption]

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