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

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

Do I need a lawyer?

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

IN   THE   HIGH   COURT OF SOUTH   AFRICA (WESTERN CAPE DIVISION, CAPE TOWN) CASE NO:                                /2024 In the matter between: KONRAD JOSEPH SCHÜLER                                                                                      (Applicant) Identity number: 590504 5229 08 0 and VANESSA GAIL SCHÜLER                                                                                         (Respondent) Identity number: 600904 0208 08 9   NOTICE OF MOTION   TAKE NOTICE that the Applicant intends to make an Application to the above Honourable Court for an Order in the following terms:
  1. The Applicant’s non-compliance with the requirements of forms, service, manner of service and time periods provided in the Uniform Rules of this Honorable Court be condoned insofar as necessary;
  2. Prior to any proceeds of the sale of portion 19,346, Koppersfontein, Western Cape (the property), being paid to the Respondent:
    • the Transferring Attorneys shall retain the sum equal to the outstanding debt of the former joint estate of the parties referred to in clause 3.1.3 of the Consent Paper (the debt), which was made an Order of the Regional Court for the Regional Division of the Western Cape, held in Cape Town, on 24 October 2023, under case number 165/2023 (the divorce Order) and utilise it to settle the debt;
    • The Transferring Attorneys shall retain an amount equal to the sum of all payments made by the Applicant and/or debited from his Standard Bank Account calculated from 01 November 2023, which was used to pay the Respondent’s half of the debt, and reimburse the Applicant therewith on behalf of the Respondent;
  3. The motor vehicle referred to in clause 4.1.2 of the Divorce Order, being a 2011 Hyundai Ix35 2.0 Gls/Executive, with registration number CAA 412805, shall be retained by the Applicant as his sole and exclusive property for which right the Applicant shall forthwith pay the Respondent the sum of R 3 661 (three thousand six hundred and sixty-one rand); and
  4. Costs of this Application; and
  5. Further and/or alternative relief.
  TAKE NOTICE FURTHER that the Applicant has appointed the firm ADVOCATE MUHAMMAD ABDUROAF, with its details as stated below as his/her Legal Practitioner of record and address at which he/she shall accept notice and service of all process in these proceedings. KINDLY TAKE NOTICE FURTHER that if you intend opposing the Application, you are required to:
  • inform the Applicant’s Legal Practitioner within 10 (ten) days of receipt hereof of your intention to do so; and
  • fifteen days after you have so given notice of your intention to oppose the Application, to file your answering affidavit, if any; and further;
  • that you are required to appoint in such notification an address referred to in rule 6 (5) (b) at which you will accept notice and service of all documents in these proceedings.
KINDLY BE ADVISED FURTHER, that if no such notice of intention to oppose is given, the Application will be made on a date and time to be provided by the Registrar of this Honourable Court. TAKE NOTICE FURTHER that the Founding Affidavit of KONRAD JOSEPH SCHÜLER will be used in support of this Application. TAKE NOTICE FURTHER that the Applicant consent to service of any process in these proceedings via email using the email address [email protected]  DATED AT CAPE TOWN ON THIS      DAY OF JANUARY 2024.   _______________________________ Per: Adv. M Abduroaf (Legal Practitioner of the Applicant) Trust Account Advocate – An advocate as contemplated in section 34(2)(b) of the Legal Practice Act, 28 of 2014 (the Act) Chambers.: The Pinnacle | Suite 702, 7th Floor Corner Strand, Burg & Castle Streets | Cape Town, 8001 Tel.: +2721 111 0090 Email.: [email protected] (Email Service) High Court Box 115 Ref.: M22081/Schüler   To:           THE HONOURABLE REGISTRAR OF THE WESTERN CAPE HIGH COURT HIGH COURT CAPE TOWN     And to:    VANESSA GAIL SCHÜLER      (Respondent) Ruby Estate, Gems 5 Unit 4, Burgundy Estate CAPE TOWN ________________________O0O___________________      

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