Relocation with my minor child to India, Chennai (Consent and Refusal) – Advocate Muhammad Abduroaf

The world is becoming a much smaller place, and technology plays a huge role. People are moving across the world for employment, love and happiness, something that was not the norm a few decades ago. There is no reason why you should remain in South Africa if you can find a better life for yourself and your family overseas. Moving overseas may provide you with the quality of life you want or the possibility of experiencing things you always wanted. The same applies to your child or children relocating with you.

Relocation of your minor child to Chennai, India

If you are single and do not have any minor children, then moving around the world would not be too complicated. All you need to do is ensure that you have the necessary travel documentation and travel ticket (and spending money), and off you go. However, if you want to travel with your minor children (for example, ages one or two) or relocate to another country, things may not be that simple. Firstly, if there is another parent, and he or she has parental responsibilities and rights, then his or her consent is required. For example, let us say you live in Constantia or Ulundi, South Africa, and you want to relocate to Chennai, India, you would require the other parent’s consent to leave South Africa with your minor child. This can cause challenges, especially if the staying parent (in South Africa) does not agree to the relocation.

What about Passport Consent to travel or relocate to Chennai, India?

The same applies when it comes to your minor child applying for a South African passport to relocate to India, or any country. Both parents who have parental responsibilities and rights of guardianship will have to consent to the minor child’s passport application as well. In this regard, both parents have to be at the Department of Home Affairs (or the relevant bank that also assists with passport application) when making the Application with the minor child. This can be challenging if you have a disinterested parent who does not want to cooperate with the passport application. As you will see later, legal action would need to be taken.

What are the steps to follow when I want to relocate to Chennai, India with my minor child? There is another parent.

To simplify the process for relocation, the first step would be to receive the other parent’s consent in principle for the relocation and that he or she will co-operate in this regard. Once that has been resolved, the parent relocating would need to make the appointment for the minor child’s passport application as well as the application for the relevant VISA. Each country has different requirements; however, seeing that it is a relocation, you need to apply for the correct VISA. For that, you need the Passport. Once the visa and travel arrangements have been finalised, the parent remaining behind will sign a parental consent letter for the international travel. That letter can be found on the Department of Home Affairs website. Basically, the parent remaining behind would state that he or she gives consent for the minor child to leave the Republic of South Africa and travel and/or relocate to Chennai, India.

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

If the parent remaining in South Africa does not want to consent to the minor child’s passport application and/or his or her relocation to Chennai, India, then you would need to approach the Court. The Court, as upper guardian of the minor child, may order that the parent’s consent for the passport application and relocation be dispensed with. What this entails is submitting Court documents explaining why you want to relocate to Chennai, India. The other parent would also have an opportunity to give reasons why he or she objects. At the end of the process, the Court would determine what is in the minor child’s best interests. If it is in the minor child’s best interests to relocate to Chennai, India, the Court would make it possible despite the issue of consent or refusal.

What is the first step I should take if the other parent does not want to consent to the minor child’s passport application and/or relocation to Chennai, India?

If the other parent does not want to consent to the passport application and/or the relocation of the minor child to Chennai, India – in that case, we suggest you approach an attorney or advocate (trust account) to assist you with the legal process. He or she would then contact the other parent explaining the reasons for the relocation and request the necessary consent. If the parent remaining in South Africa does still not agree to the passport application and/or to the relocation to Chennai, India, then the attorney or advocate will proceed to take the matter to court. The legal route can be expensive. However, it is necessary to make the relocation of the minor child possible. You may also attend to the legal process yourself.

Getting legal assistance or help with your relocation application to Chennai, India

If you require legal assistance or representation with relocating to Chennai, India due to the other parent not cooperating or providing consent, then feel free to contact us for assistance. The Firm Advocate, Muhammad Abduroaf, deals with these types of matters.

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

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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?

EXAMPLE OF A CONSENT PAPER

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.

3. 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.
4. 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.
5. THE JOINT ESTATE OF THE PARTIES SHALL BE DIVIDED AS FOLLOWS:
   • Defendant’s Investment Policy
     • XXX
   • MOTOR VEHICLES
     • XXX

6. BALANCE OF THE JOINT ESTATE
   • The balance of the Joint Estate shall equally be divided between the Parties.
7. 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.
8. 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.
9. COSTS
   • Each party shall pay their own legal costs associated with the divorce.

Maintenance Court Johannesburg

There are number of child maintenance courts in Johannesburg. Below are local maintenance courts that could be close to your area:

• Johannesburg Family Court Centre – Magistrates’ Court
• Johannesburg Central Magistrate Court – Magistrates’ Court
• Hillbrow Magistrates Court – Magistrates’ Court

[caption id="attachment_4278" align="alignleft" width="300"] Call us on: 0211110090
Email: [email protected][/caption] To claim child maintenance/child support, you should visit your closest maintenance court in your area.

Maintenance Court Procedure

• Birth certificate of your child/children.
• Your identity document.
• Proof of residence.
• A divorce settlement.
• Proof of your monthly income and expenses.
• The personal details of the parent required to pay maintenance such as their name, surname physical and work address.
• Copy of your bank statement.

Child Maintenance Calculator

• Free Child Maintenance Calculator
• Basic Free Will Tool Kit
• Free Muslim or Islamic Shariah Will Template
• Free Divorce Starter Tool Kit
• Free DIY Urgent Child Contact

Child Maintenance Office numbers