Finding the best attorney or advocate for your matter in Cape Town is important. This is whether or not you are seeking a pro-bono lawyer or one that charges fees.

What follows are some frequently asked questions on lawyer and fees in family law matters.

How much does it cost to hire a lawyer in South Africa?

The cost of hiring a lawyer depends on several factors, including the lawyer’s experience and the complexity of the matter. For simple issues, you can seek assistance from a less experienced lawyer, while complex matters may require a more professional (and thus more expensive) lawyer. Therefore, the cost of hiring a lawyer varies depending on the specific circumstances of your case and the lawyer you choose.

What does a family lawyer do in South Africa?

A family lawyer in South Africa typically handles legal matters related to family relationships, such as divorce, child custody, and adoption. They provide legal advice, represent clients in court, and help negotiate settlements.

Is it possible to find a pro bono lawyer in South Africa?

A pro bono lawyer is one who would not charge you for legal services. In South Africa, most lawyers charge for their legal services. It is possible to find organizations that may assist you with your legal matter free of charge, such as legal clinics or pro bono organizations. You may also approach the legal aid board for legal assistance.

What is the difference between a lawyer and an attorney in South Africa?

In South Africa, the terms “lawyer” and “attorney” are often used interchangeably, but there are distinctions in the legal profession:

Attorney: An attorney is a legal professional who has completed the necessary education, training, and practical experience to represent clients in legal matters. Attorneys can provide legal advice, draft documents, and represent clients in lower courts. They typically work in private practice or within firms.
Advocate: In South Africa, an advocate is a specialist lawyer who represents clients in higher courts. Advocates are usually instructed by attorneys and focus on litigation and courtroom representation. They are similar to barristers in other legal systems.
Lawyer: This is a broader term that encompasses both attorneys and advocates, as well as other legal professionals. It refers to anyone qualified to practice law.

In summary, all attorneys are lawyers, but not all lawyers are attorneys. Advocates represent a separate branch of legal professionals within the South African legal system

How much does an advocate charge per hour in South Africa?

In South Africa, the hourly rates charged by advocates can vary widely based on factors such as experience, expertise, the complexity of the case, and the geographical location. On average, advocates may charge anywhere from R1,000 to R5000 per hour or more. For junior advocates, the rates may be lower, while senior or highly specialized advocates may charge significantly more. It’s also common for advocates to offer fixed fees for specific services or cases, rather than hourly rates. If you need an advocate, it’s best to discuss fees upfront and ensure you understand the billing structure before proceeding.

What is the cost of a suit in law?

In South Africa, the cost of a suit in law, often referred to as legal fees for representation, can vary widely based on several factors:

Type of Case: Legal fees differ depending on whether it’s a civil, criminal, family, or corporate matter.
Experience of the Lawyer: More experienced attorneys or advocates may charge higher fees.
Billing Structure: Some lawyers charge hourly rates, while others may offer fixed fees or contingency arrangements (especially in personal injury cases).
Geographical Location: Fees may be higher in urban areas like Johannesburg or Cape Town compared to smaller towns.

On average, you might expect:

Hourly Rates: R1,000 to R5,000 for an advocate; R1,000 to R2,500 for an attorney.
Fixed Fees: These can range from a few thousand rand for straightforward matters to significantly more for complex cases.

It’s important to discuss costs and payment structures upfront with your legal representative.

Is the Family Advocate accessible?

Yes, the Family Advocate in South Africa is generally accessible to the public, particularly for matters related to family law, such as divorce, child custody, and maintenance issues. The Family Advocate’s office aims to assist with the resolution of disputes involving children, focusing on their best interests. How to Access the Family Advocate:

Application: You can apply to the Family Advocate’s office directly. This often involves submitting specific forms related to your case.
Court Referral: In some cases, the court may refer you to the Family Advocate for assistance in mediation or investigation.
Contact Information: Each province has a Family Advocate’s office, and you can find contact details online or through local court offices.
Free Services: The services provided by the Family Advocate are typically free, which makes them accessible for individuals who may not be able to afford private legal representation.

It’s advisable to check the specific requirements and processes for your region, as they may vary.

Posted on 11 February 2025 by Telelaw

Finding the best attorney or advocate for your matter in Cape Town is important. This is whether or not you are seeking a pro-bono lawyer or one that charges fees.

What follows are some frequently asked questions on lawyer and fees in family law matters.

How much does it cost to hire a lawyer in South Africa?

What does a family lawyer do in South Africa?

Is it possible to find a pro bono lawyer in South Africa?

What is the difference between a lawyer and an attorney in South Africa?

In South Africa, the terms “lawyer” and “attorney” are often used interchangeably, but there are distinctions in the legal profession:

Attorney: An attorney is a legal professional who has completed the necessary education, training, and practical experience to represent clients in legal matters. Attorneys can provide legal advice, draft documents, and represent clients in lower courts. They typically work in private practice or within firms.
Advocate: In South Africa, an advocate is a specialist lawyer who represents clients in higher courts. Advocates are usually instructed by attorneys and focus on litigation and courtroom representation. They are similar to barristers in other legal systems.
Lawyer: This is a broader term that encompasses both attorneys and advocates, as well as other legal professionals. It refers to anyone qualified to practice law.

In summary, all attorneys are lawyers, but not all lawyers are attorneys. Advocates represent a separate branch of legal professionals within the South African legal system

How much does an advocate charge per hour in South Africa?

For junior advocates, the rates may be lower, while senior or highly specialized advocates may charge significantly more. It’s also common for advocates to offer fixed fees for specific services or cases, rather than hourly rates.

If you need an advocate, it’s best to discuss fees upfront and ensure you understand the billing structure before proceeding.

What is the cost of a suit in law?

In South Africa, the cost of a suit in law, often referred to as legal fees for representation, can vary widely based on several factors:

Type of Case: Legal fees differ depending on whether it’s a civil, criminal, family, or corporate matter.
Experience of the Lawyer: More experienced attorneys or advocates may charge higher fees.
Billing Structure: Some lawyers charge hourly rates, while others may offer fixed fees or contingency arrangements (especially in personal injury cases).
Geographical Location: Fees may be higher in urban areas like Johannesburg or Cape Town compared to smaller towns.

On average, you might expect:

Hourly Rates: R1,000 to R5,000 for an advocate; R1,000 to R2,500 for an attorney.
Fixed Fees: These can range from a few thousand rand for straightforward matters to significantly more for complex cases.

It’s important to discuss costs and payment structures upfront with your legal representative.

Is the Family Advocate accessible?

How to Access the Family Advocate:

Application: You can apply to the Family Advocate’s office directly. This often involves submitting specific forms related to your case.
Court Referral: In some cases, the court may refer you to the Family Advocate for assistance in mediation or investigation.
Contact Information: Each province has a Family Advocate’s office, and you can find contact details online or through local court offices.
Free Services: The services provided by the Family Advocate are typically free, which makes them accessible for individuals who may not be able to afford private legal representation.

It’s advisable to check the specific requirements and processes for your region, as they may vary.

[caption id="attachment_10843" align="alignnone" width="671"] Relocation consent Court Order for minor child to the United States of America- USA – Advocate Muhammad Abduroaf[/caption]
I want to relocate from South Africa to the United States of America (USA) with my minor child. The other parent does not want my child to relocate to the United States of America. What can I do?
The United States of America 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 States of America, if a minor child will be joining that parent and also relocating to the United States of America, 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 States of America. Before we do so, let us list the various cities and towns in the United States of America to which you may want to relocate: Alabama, Alexander City, Andalusia, Anniston, Athens, Atmore, Auburn, Bessemer, Birmingham, Chickasaw, Clanton, Cullman, Decatur, Demopolis, Dothan, Enterprise, Eufaula, Florence, Fort Payne, Gadsden, Greenville, Guntersville, Huntsville, Jasper, Marion, Mobile, Montgomery, Opelika, Ozark, Phenix City, Prichard, Scottsboro, Selma, Sheffield, Sylacauga, Talladega, Troy, Tuscaloosa, Tuscumbia, Tuskegee, Alaska, Anchorage, Cordova, Fairbanks, Haines, Homer, Juneau, Ketchikan, Kodiak, Kotzebue, Nome, Palmer, Seward, Sitka, Skagway, Valdez, Arizona, Ajo, Avondale, Bisbee, Casa Grande, Chandler, Clifton, Douglas, Flagstaff, Florence, Gila Bend, Glendale, Globe, Kingman, Lake Havasu City, Mesa, Nogales, Oraibi, Phoenix, Prescott, Scottsdale, Sierra Vista, Tempe, Tombstone, Tucson, Walpi, Window Rock, Winslow, Yuma, Arkansas, Arkadelphia, Arkansas Post, Batesville, Benton, Blytheville, Camden, Conway, Crossett, El Dorado, Fayetteville, Forrest City, Fort Smith, Harrison, Helena, Hope, Hot Springs, Jacksonville, Jonesboro, Little Rock, Magnolia, Morrilton, Newport, North Little Rock, Osceola, Pine Bluff, Rogers, Searcy, Stuttgart, Van Buren, West Memphis, California, Alameda, Alhambra, Anaheim, Antioch, Arcadia, Bakersfield, Barstow, Belmont, Berkeley, Beverly Hills, Brea, Buena Park, Burbank, Calexico, Calistoga, Carlsbad, Carmel, Chico, Chula Vista, Claremont, Compton, Concord, Corona, Coronado, Costa Mesa, Culver City, Daly City, Davis, Downey, El Centro, El Cerrito, El Monte, Escondido, Eureka, Fairfield, Fontana, Fremont, Fresno, Fullerton, Garden Grove, Glendale, Hayward, Hollywood, Huntington Beach, Indio, Inglewood, Irvine, La Habra, Laguna Beach, Lancaster, Livermore, Lodi, Lompoc, Long Beach, Los Angeles, Malibu, Martinez, Marysville, Menlo Park, Merced, Modesto, Monterey, Mountain View, Napa, Needles, Newport Beach, Norwalk, Novato, Oakland, Oceanside, Ojai, Ontario, Orange, Oroville, Oxnard, Pacific Grove, Palm Springs, Palmdale, Palo Alto, Pasadena, Petaluma, Pomona, Port Hueneme, Rancho Cucamonga, Red Bluff, Redding, Redlands, Redondo Beach, Redwood City, Richmond, Riverside, Roseville, Sacramento, Salinas, San Bernardino, San Clemente, San Diego, San Fernando, San Francisco, San Gabriel, San Jose, San Juan Capistrano, San Leandro, San Luis Obispo, San Marino, San Mateo, San Pedro, San Rafael, San Simeon, Santa Ana, Santa Barbara, Santa Clara, Santa Clarita, Santa Cruz, Santa Monica, Santa Rosa, Sausalito, Simi Valley, Sonoma, South San Francisco, Stockton, Sunnyvale, Susanville, Thousand Oaks, Torrance, Turlock, Ukiah, Vallejo, Ventura, Victorville, Visalia, Walnut Creek, Watts, West Covina, Whittier, Woodland, Yorba Linda, Yuba City, Colorado, Alamosa, Aspen, Aurora, Boulder, Breckenridge, Brighton, Canon City, Central City, Climax, Colorado Springs, Cortez, Cripple Creek, Denver, Durango, Englewood, Estes Park, Fort Collins, Fort Morgan, Georgetown, Glenwood Springs, Golden, Grand Junction, Greeley, Gunnison, La Junta, Leadville, Littleton, Longmont, Loveland, Montrose, Ouray, Pagosa Springs, Pueblo, Silverton, Steamboat Springs, Sterling, Telluride, Trinidad, Vail, Walsenburg, Westminster, Connecticut, Ansonia, Berlin, Bloomfield, Branford, Bridgeport, Bristol, Coventry, Danbury, Darien, Derby, East Hartford, East Haven, Enfield, Fairfield, Farmington, Greenwich, Groton, Guilford, Hamden, Hartford, Lebanon, Litchfield, Manchester, Mansfield, Meriden, Middletown, Milford, Mystic, Naugatuck, New Britain, New Haven, New London, North Haven, Norwalk, Norwich, Old Saybrook, Orange, Seymour, Shelton, Simsbury, Southington, Stamford, Stonington, Stratford, Torrington, Wallingford, Waterbury, Waterford, Watertown, West Hartford, West Haven, Westport, Wethersfield, Willimantic, Windham, Windsor, Windsor Locks, Winsted, Delaware, Dover, Lewes, Milford, New Castle, Newark, Smyrna, Wilmington, Florida, Apalachicola, Bartow, Belle Glade, Boca Raton, Bradenton, Cape Coral, Clearwater, Cocoa Beach, Cocoa-Rockledge, Coral Gables, Daytona Beach, De Land, Deerfield Beach, Delray Beach, Fernandina Beach, Fort Lauderdale, Fort Myers, Fort Pierce, Fort Walton Beach, Gainesville, Hallandale Beach, Hialeah, Hollywood, Homestead, Jacksonville, Key West, Lake City, Lake Wales, Lakeland, Largo, Melbourne, Miami, Miami Beach, Naples, New Smyrna Beach, Ocala, Orlando, Ormond Beach, Palatka, Palm Bay, Palm Beach, Panama City, Pensacola, Pompano Beach, Saint Augustine, Saint Petersburg, Sanford, Sarasota, Sebring, Tallahassee, Tampa, Tarpon Springs, Titusville, Venice, West Palm Beach, White Springs, Winter Haven, Winter Park, Georgia, Albany, Americus, Andersonville, Athens, Atlanta, Augusta, Bainbridge, Blairsville, Brunswick, Calhoun, Carrollton, Columbus, Dahlonega, Dalton, Darien, Decatur, Douglas, East Point, Fitzgerald, Fort Valley, Gainesville, La Grange, Macon, Marietta, Milledgeville, Plains, Rome, Savannah, Toccoa, Valdosta, Warm Springs, Warner Robins, Washington, Waycross, Hawaii, Hanalei, Hilo, Honaunau, Honolulu, Kahului, Kaneohe, Kapaa, Kawaihae, Lahaina, Laie, Wahiawa, Wailuku, Waimea, Idaho, Blackfoot, Boise, Bonners Ferry, Caldwell, Coeur d’Alene, Idaho City, Idaho Falls, Kellogg, Lewiston, Moscow, Nampa, Pocatello, Priest River, Rexburg, Sun Valley, Twin Falls, Illinois, Alton, Arlington Heights, Arthur, Aurora, Belleville, Belvidere, Bloomington, Brookfield, Cahokia, Cairo, Calumet City, Canton, Carbondale, Carlinville, Carthage, Centralia, Champaign, Charleston, Chester, Chicago, Chicago Heights, Cicero, Collinsville, Danville, Decatur, DeKalb, Des Plaines, Dixon, East Moline, East Saint Louis, Effingham, Elgin, Elmhurst, Evanston, Freeport, Galena, Galesburg, Glen Ellyn, Glenview, Granite City, Harrisburg, Herrin, Highland Park, Jacksonville, Joliet, Kankakee, Kaskaskia, Kewanee, La Salle, Lake Forest, Libertyville, Lincoln, Lisle, Lombard, Macomb, Mattoon, Moline, Monmouth, Mount Vernon, Mundelein, Naperville, Nauvoo, Normal, North Chicago, Oak Park, Oregon, Ottawa, Palatine, Park Forest, Park Ridge, Pekin, Peoria, Petersburg, Pontiac, Quincy, Rantoul, River Forest, Rock Island, Rockford, Salem, Shawneetown, Skokie, South Holland, Springfield, Streator, Summit, Urbana, Vandalia, Virden, Waukegan, Wheaton, Wilmette, Winnetka, Wood River, Zion, Indiana, Anderson, Bedford, Bloomington, Columbus, Connersville, Corydon, Crawfordsville, East Chicago, Elkhart, Elwood, Evansville, Fort Wayne, French Lick, Gary, Geneva, Goshen, Greenfield, Hammond, Hobart, Huntington, Indianapolis, Jeffersonville, Kokomo, Lafayette, Madison, Marion, Michigan City, Mishawaka, Muncie, Nappanee, Nashville, New Albany, New Castle, New Harmony, Peru, Plymouth, Richmond, Santa Claus, Shelbyville, South Bend, Terre Haute, Valparaiso, Vincennes, Wabash, West Lafayette, Iowa, Amana Colonies, Ames, Boone, Burlington, Cedar Falls, Cedar Rapids, Charles City, Cherokee, Clinton, Council Bluffs, Davenport, Des Moines, Dubuque, Estherville, Fairfield, Fort Dodge, Grinnell, Indianola, Iowa City, Keokuk, Mason City, Mount Pleasant, Muscatine, Newton, Oskaloosa, Ottumwa, Sioux City, Waterloo, Webster City, West Des Moines, Kansas, Abilene, Arkansas City, Atchison, Chanute, Coffeyville, Council Grove, Dodge City, Emporia, Fort Scott, Garden City, Great Bend, Hays, Hutchinson, Independence, Junction City, Kansas City, Lawrence, Leavenworth, Liberal, Manhattan, McPherson, Medicine Lodge, Newton, Olathe, Osawatomie, Ottawa, Overland Park, Pittsburg, Salina, Shawnee, Smith Center, Topeka, Wichita, Kentucky, Ashland, Barbourville, Bardstown, Berea, Boonesborough, Bowling Green, Campbellsville, Covington, Danville, Elizabethtown, Frankfort, Harlan, Harrodsburg, Hazard, Henderson, Hodgenville, Hopkinsville, Lexington, Louisville, Mayfield, Maysville, Middlesboro, Newport, Owensboro, Paducah, Paris, Richmond, Louisiana, Abbeville, Alexandria, Bastrop, Baton Rouge, Bogalusa, Bossier City, Gretna, Houma, Lafayette, Lake Charles, Monroe, Morgan City, Natchitoches, New Iberia, New Orleans, Opelousas, Ruston, Saint Martinville, Shreveport, Thibodaux, Maine, Auburn, Augusta, Bangor, Bar Harbor, Bath, Belfast, Biddeford, Boothbay Harbor, Brunswick, Calais, Caribou, Castine, Eastport, Ellsworth, Farmington, Fort Kent, Gardiner, Houlton, Kennebunkport, Kittery, Lewiston, Lubec, Machias, Orono, Portland, Presque Isle, Rockland, Rumford, Saco, Scarborough, Waterville, York, Maryland, Aberdeen, Annapolis, Baltimore, Bethesda-Chevy Chase, Bowie, Cambridge, Catonsville, College Park, Columbia, Cumberland, Easton, Elkton, Emmitsburg, Frederick, Greenbelt, Hagerstown, Hyattsville, Laurel, Oakland, Ocean City, Rockville, Saint Marys City, Salisbury, Silver Spring, Takoma Park, Towson, Westminster, Massachusetts, Abington, Adams, Amesbury, Amherst, Andover, Arlington, Athol, Attleboro, Barnstable, Bedford, Beverly, Boston, Bourne, Braintree, Brockton, Brookline, Cambridge, Canton, Charlestown, Chelmsford, Chelsea, Chicopee, Clinton, Cohasset, Concord, Danvers, Dartmouth, Dedham, Dennis, Duxbury, Eastham, Edgartown, Everett, Fairhaven, Fall River, Falmouth, Fitchburg, Framingham, Gloucester, Great Barrington, Greenfield, Groton, Harwich, Haverhill, Hingham, Holyoke, Hyannis, Ipswich, Lawrence, Lenox, Leominster, Lexington, Lowell, Ludlow, Lynn, Malden, Marblehead, Marlborough, Medford, Milton, Nahant, Natick, New Bedford, Newburyport, Newton, North Adams, Northampton, Norton, Norwood, Peabody, Pittsfield, Plymouth, Provincetown, Quincy, Randolph, Revere, Salem, Sandwich, Saugus, Somerville, South Hadley, Springfield, Stockbridge, Stoughton, Sturbridge, Sudbury, Taunton, Tewksbury, Truro, Watertown, Webster, Wellesley, Wellfleet, West Bridgewater, West Springfield, Westfield, Weymouth, Whitman, Williamstown, Woburn, Woods Hole, Worcester, Michigan, Adrian, Alma, Ann Arbor, Battle Creek, Bay City, Benton Harbor, Bloomfield Hills, Cadillac, Charlevoix, Cheboygan, Dearborn, Detroit, East Lansing, Eastpointe, Ecorse, Escanaba, Flint, Grand Haven, Grand Rapids, Grayling, Grosse Pointe, Hancock, Highland Park, Holland, Houghton, Interlochen, Iron Mountain, Ironwood, Ishpeming, Jackson, Kalamazoo, Lansing, Livonia, Ludington, Mackinaw City, Manistee, Marquette, Menominee, Midland, Monroe, Mount Clemens, Mount Pleasant, Muskegon, Niles, Petoskey, Pontiac, Port Huron, Royal Oak, Saginaw, Saint Ignace, Saint Joseph, Sault Sainte Marie, Traverse City, Trenton, Warren, Wyandotte, Ypsilanti, Minnesota, Albert Lea, Alexandria, Austin, Bemidji, Bloomington, Brainerd, Crookston, Duluth, Ely, Eveleth, Faribault, Fergus Falls, Hastings, Hibbing, International Falls, Little Falls, Mankato, Minneapolis, Moorhead, New Ulm, Northfield, Owatonna, Pipestone, Red Wing, Rochester, Saint Cloud, Saint Paul, Sauk Centre, South Saint Paul, Stillwater, Virginia, Willmar, Winona, Mississippi, Bay Saint Louis, Biloxi, Canton, Clarksdale, Columbia, Columbus, Corinth, Greenville, Greenwood, Grenada, Gulfport, Hattiesburg, Holly Springs, Jackson, Laurel, Meridian, Natchez, Ocean Springs, Oxford, Pascagoula, Pass Christian, Philadelphia, Port Gibson, Starkville, Tupelo, Vicksburg, West Point, Yazoo City, Missouri, Boonville, Branson, Cape Girardeau, Carthage, Chillicothe, Clayton, Columbia, Excelsior Springs, Ferguson, Florissant, Fulton, Hannibal, Independence, Jefferson City, Joplin, Kansas City, Kirksville, Lamar, Lebanon, Lexington, Maryville, Mexico, Monett, Neosho, New Madrid, Rolla, Saint Charles, Saint Joseph, Saint Louis, Sainte Genevieve, Salem, Sedalia, Springfield, Warrensburg, West Plains, Montana, Anaconda, Billings, Bozeman, Butte, Dillon, Fort Benton, Glendive, Great Falls, Havre, Helena, Kalispell, Lewistown, Livingston, Miles City, Missoula, Virginia City, Nebraska, Beatrice, Bellevue, Boys Town, Chadron, Columbus, Fremont, Grand Island, Hastings, Kearney, Lincoln, McCook, Minden, Nebraska City, Norfolk, North Platte, Omaha, Plattsmouth, Red Cloud, Sidney, Nevada, Boulder City, Carson City, Elko, Ely, Fallon, Genoa, Goldfield, Henderson, Las Vegas, North Las Vegas, Reno, Sparks, Virginia City, Winnemucca, New Hampshire, Berlin, Claremont, Concord, Derry, Dover, Durham, Exeter, Franklin, Hanover, Hillsborough, Keene, Laconia, Lebanon, Manchester, Nashua, Peterborough, Plymouth, Portsmouth, Rochester, Salem, Somersworth, New Jersey, Asbury Park, Atlantic City, Bayonne, Bloomfield, Bordentown, Bound Brook, Bridgeton, Burlington, Caldwell, Camden, Cape May, Clifton, Cranford, East Orange, Edison, Elizabeth, Englewood, Fort Lee, Glassboro, Hackensack, Haddonfield, Hoboken, Irvington, Jersey City, Lakehurst, Lakewood, Long Beach, Long Branch, Madison, Menlo Park, Millburn, Millville, Montclair, Morristown, Mount Holly, New Brunswick, New Milford, Newark, Ocean City, Orange, Parsippany–Troy Hills, Passaic, Paterson, Perth Amboy, Plainfield, Princeton, Ridgewood, Roselle, Rutherford, Salem, Somerville, South Orange Village, Totowa, Trenton, Union, Union City, Vineland, Wayne, Weehawken, West New York, West Orange, Willingboro, Woodbridge, New Mexico, Acoma, Alamogordo, Albuquerque, Artesia, Belen, Carlsbad, Clovis, Deming, Farmington, Gallup, Grants, Hobbs, Las Cruces, Las Vegas, Los Alamos, Lovington, Portales, Raton, Roswell, Santa Fe, Shiprock, Silver City, Socorro, Taos, Truth or Consequences, Tucumcari, New York, Albany, Amsterdam, Auburn, Babylon, Batavia, Beacon, Bedford, Binghamton, Bronx, Brooklyn, Buffalo, Chautauqua, Cheektowaga, Clinton, Cohoes, Coney Island, Cooperstown, Corning, Cortland, Crown Point, Dunkirk, East Aurora, East Hampton, Eastchester, Elmira, Flushing, Forest Hills, Fredonia, Garden City, Geneva, Glens Falls, Gloversville, Great Neck, Hammondsport, Harlem, Hempstead, Herkimer, Hudson, Huntington, Hyde Park, Ilion, Ithaca, Jamestown, Johnstown, Kingston, Lackawanna, Lake Placid, Levittown, Lockport, Mamaroneck, Manhattan, Massena, Middletown, Mineola, Mount Vernon, New Paltz, New Rochelle, New Windsor, New York City, Newburgh, Niagara Falls, North Hempstead, Nyack, Ogdensburg, Olean, Oneida, Oneonta, Ossining, Oswego, Oyster Bay, Palmyra, Peekskill, Plattsburgh, Port Washington, Potsdam, Poughkeepsie, Queens, Rensselaer, Rochester, Rome, Rotterdam, Rye, Sag Harbor, Saranac Lake, Saratoga Springs, Scarsdale, Schenectady, Seneca Falls, Southampton, Staten Island, Stony Brook, Stony Point, Syracuse, Tarrytown, Ticonderoga, Tonawanda, Troy, Utica, Watertown, Watervliet, Watkins Glen, West Seneca, White Plains, Woodstock, Yonkers, North Carolina, Asheboro, Asheville, Bath, Beaufort, Boone, Burlington, Chapel Hill, Charlotte, Concord, Durham, Edenton, Elizabeth City, Fayetteville, Gastonia, Goldsboro, Greensboro, Greenville, Halifax, Henderson, Hickory, High Point, Hillsborough, Jacksonville, Kinston, Kitty Hawk, Lumberton, Morehead City, Morganton, Nags Head, New Bern, Pinehurst, Raleigh, Rocky Mount, Salisbury, Shelby, Washington, Wilmington, Wilson, Winston-Salem, North Dakota, Bismarck, Devils Lake, Dickinson, Fargo, Grand Forks, Jamestown, Mandan, Minot, Rugby, Valley City, Wahpeton, Williston, Ohio, Akron, Alliance, Ashtabula, Athens, Barberton, Bedford, Bellefontaine, Bowling Green, Canton, Chillicothe, Cincinnati, Cleveland, Cleveland Heights, Columbus, Conneaut, Cuyahoga Falls, Dayton, Defiance, Delaware, East Cleveland, East Liverpool, Elyria, Euclid, Findlay, Gallipolis, Greenville, Hamilton, Kent, Kettering, Lakewood, Lancaster, Lima, Lorain, Mansfield, Marietta, Marion, Martins Ferry, Massillon, Mentor, Middletown, Milan, Mount Vernon, New Philadelphia, Newark, Niles, North College Hill, Norwalk, Oberlin, Painesville, Parma, Piqua, Portsmouth, Put-in-Bay, Salem, Sandusky, Shaker Heights, Springfield, Steubenville, Tiffin, Toledo, Urbana, Warren, Wooster, Worthington, Xenia, Yellow Springs, Youngstown, Zanesville, Oklahoma, Ada, Altus, Alva, Anadarko, Ardmore, Bartlesville, Bethany, Chickasha, Claremore, Clinton, Cushing, Duncan, Durant, Edmond, El Reno, Elk City, Enid, Eufaula, Frederick, Guthrie, Guymon, Hobart, Holdenville, Hugo, Lawton, McAlester, Miami, Midwest City, Moore, Muskogee, Norman, Oklahoma City, Okmulgee, Pauls Valley, Pawhuska, Perry, Ponca City, Pryor, Sallisaw, Sand Springs, Sapulpa, Seminole, Shawnee, Stillwater, Tahlequah, The Village, Tulsa, Vinita, Wewoka, Woodward, Oregon, Albany, Ashland, Astoria, Baker City, Beaverton, Bend, Brookings, Burns, Coos Bay, Corvallis, Eugene, Grants Pass, Hillsboro, Hood River, Jacksonville, John Day, Klamath Falls, La Grande, Lake Oswego, Lakeview, McMinnville, Medford, Newberg, Newport, Ontario, Oregon City, Pendleton, Port Orford, Portland, Prineville, Redmond, Reedsport, Roseburg, Salem, Seaside, Springfield, The Dalles, Tillamook, Pennsylvania, Abington, Aliquippa, Allentown, Altoona, Ambridge, Bedford, Bethlehem, Bloomsburg, Bradford, Bristol, Carbondale, Carlisle, Chambersburg, Chester, Columbia, Easton, Erie, Franklin, Germantown, Gettysburg, Greensburg, Hanover, Harmony, Harrisburg, Hazleton, Hershey, Homestead, Honesdale, Indiana, Jeannette, Jim Thorpe, Johnstown, Lancaster, Lebanon, Levittown, Lewistown, Lock Haven, Lower Southampton, McKeesport, Meadville, Middletown, Monroeville, Nanticoke, New Castle, New Hope, New Kensington, Norristown, Oil City, Philadelphia, Phoenixville, Pittsburgh, Pottstown, Pottsville, Reading, Scranton, Shamokin, Sharon, State College, Stroudsburg, Sunbury, Swarthmore, Tamaqua, Titusville, Uniontown, Warren, Washington, West Chester, Wilkes-Barre, Williamsport, York, Rhode Island, Barrington, Bristol, Central Falls, Cranston, East Greenwich, East Providence, Kingston, Middletown, Narragansett, Newport, North Kingstown, Pawtucket, Portsmouth, Providence, South Kingstown, Tiverton, Warren, Warwick, Westerly, Wickford, Woonsocket, South Carolina, Abbeville, Aiken, Anderson, Beaufort, Camden, Charleston, Columbia, Darlington, Florence, Gaffney, Georgetown, Greenville, Greenwood, Hartsville, Lancaster, Mount Pleasant, Myrtle Beach, Orangeburg, Rock Hill, Spartanburg, Sumter, Union, South Dakota, Aberdeen, Belle Fourche, Brookings, Canton, Custer, De Smet, Deadwood, Hot Springs, Huron, Lead, Madison, Milbank, Mitchell, Mobridge, Pierre, Rapid City, Sioux Falls, Spearfish, Sturgis, Vermillion, Watertown, Yankton, Tennessee, Alcoa, Athens, Chattanooga, Clarksville, Cleveland, Columbia, Cookeville, Dayton, Elizabethton, Franklin, Gallatin, Gatlinburg, Greeneville, Jackson, Johnson City, Jonesborough, Kingsport, Knoxville, Lebanon, Maryville, Memphis, Morristown, Murfreesboro, Nashville, Norris, Oak Ridge, Shelbyville, Tullahoma, Texas, Abilene, Alpine, Amarillo, Arlington, Austin, Baytown, Beaumont, Big Spring, Borger, Brownsville, Bryan, Canyon, Cleburne, College Station, Corpus Christi, Crystal City, Dallas, Del Rio, Denison, Denton, Eagle Pass, Edinburg, El Paso, Fort Worth, Freeport, Galveston, Garland, Goliad, Greenville, Harlingen, Houston, Huntsville, Irving, Johnson City, Kilgore, Killeen, Kingsville, Laredo, Longview, Lubbock, Lufkin, Marshall, McAllen, McKinney, Mesquite, Midland, Mission, Nacogdoches, New Braunfels, Odessa, Orange, Pampa, Paris, Pasadena, Pecos, Pharr, Plainview, Plano, Port Arthur, Port Lavaca, Richardson, San Angelo, San Antonio, San Felipe, San Marcos, Sherman, Sweetwater, Temple, Texarkana, Texas City, Tyler, Uvalde, Victoria, Waco, Weatherford, Wichita Falls, Ysleta, Utah, Alta, American Fork, Bountiful, Brigham City, Cedar City, Clearfield, Delta, Fillmore, Green River, Heber City, Kanab, Layton, Lehi, Logan, Manti, Moab, Monticello, Murray, Nephi, Ogden, Orderville, Orem, Panguitch, Park City, Payson, Price, Provo, Saint George, Salt Lake City, Spanish Fork, Springville, Tooele, Vernal, Vermont, Barre, Bellows Falls, Bennington, Brattleboro, Burlington, Essex, Manchester, Middlebury, Montpelier, Newport, Plymouth, Rutland, Saint Albans, Saint Johnsbury, Sharon, Winooski, Virginia, Abingdon, Alexandria, Bristol, Charlottesville, Chesapeake, Danville, Fairfax, Falls Church, Fredericksburg, Hampton, Hanover, Hopewell, Lexington, Lynchburg, Manassas, Martinsville, New Market, Newport News, Norfolk, Petersburg, Portsmouth, Reston, Richmond, Roanoke, Staunton, Suffolk, Virginia Beach, Waynesboro, Williamsburg, Winchester, Washington, Aberdeen, Anacortes, Auburn, Bellevue, Bellingham, Bremerton, Centralia, Coulee Dam, Coupeville, Ellensburg, Ephrata, Everett, Hoquiam, Kelso, Kennewick, Longview, Moses Lake, Oak Harbor, Olympia, Pasco, Point Roberts, Port Angeles, Pullman, Puyallup, Redmond, Renton, Richland, Seattle, Spokane, Tacoma, Vancouver, Walla Walla, Wenatchee, Yakima, West Virginia, Bath, Beckley, Bluefield, Buckhannon, Charles Town, Charleston, Clarksburg, Elkins, Fairmont, Grafton, Harpers Ferry, Hillsboro, Hinton, Huntington, Keyser, Lewisburg, Logan, Martinsburg, Morgantown, Moundsville, New Martinsville, Parkersburg, Philippi, Point Pleasant, Princeton, Romney, Shepherdstown, South Charleston, Summersville, Weirton, Welch, Wellsburg, Weston, Wheeling, White Sulphur Springs, Williamson, Wisconsin, Appleton, Ashland, Baraboo, Belmont, Beloit, Eau Claire, Fond du Lac, Green Bay, Hayward, Janesville, Kenosha, La Crosse, Lake Geneva, Madison, Manitowoc, Marinette, Menasha, Milwaukee, Neenah, New Glarus, Oconto, Oshkosh, Peshtigo, Portage, Prairie du Chien, Racine, Rhinelander, Ripon, Sheboygan, Spring Green, Stevens Point, Sturgeon Bay, Superior, Waukesha, Wausau, Wauwatosa, West Allis, West Bend, Wisconsin Dells, Wyoming, Buffalo, Casper, Cheyenne, Cody, Douglas, Evanston, Gillette, Green River, Jackson, Lander, Laramie, Newcastle, Powell, Rawlins, Riverton, Rock Springs, Sheridan, Ten Sleep, Thermopolis, Torrington, Worland. (https://www.britannica.com/topic/list-of-cities-and-towns-in-the-United-States-2023068)
Why do I require the other parent’s Consent to relocate to the United States of America?
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 States of America. 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 States of America. Even if the minor child only wants to go for a short holiday to the United States of America, 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 States of America?
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 States of America. 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 States of America.
Mother’s Consent for relocation of the minor child to the United States of America
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 States of America, 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 States of America
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 States of America. 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 States of America.
Consent of unmarried fathers for the relocation of their minor children to the United States of America.
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 States of America?
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 States of America, 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 States of America, then the Court will make an Order similar to that which is shown below. [caption id="attachment_10842" align="alignnone" width="672"] Relocation consent Court Order for minor child to the United States of America- USA – Advocate Muhammad Abduroaf[/caption] [caption id="attachment_10843" align="alignnone" width="660"] Relocation consent Court Order for minor child to the United States of America- USA – Advocate Muhammad Abduroaf[/caption]

Posted on 11 February 2025 by Telelaw

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