Best advocate in South Africa – Referral and Trust Account – Advocate Muhammad Abduroaf

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Best advocate in South Africa – Referral and Trust Account – Advocate Muhammad Abduroaf

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Relocation with my minor child to Vietnam, Ho Chi Minh City (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 Ho Chi Minh City, Vietnam

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 Kimberley or Potchefstroom, South Africa, and you want to relocate to Ho Chi Minh City, Vietnam, 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 Ho Chi Minh City, Vietnam?

The same applies when it comes to your minor child applying for a South African passport to relocate to Vietnam, 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 Ho Chi Minh City, Vietnam 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 Ho Chi Minh City, Vietnam.

What can I do if the other parent does not want to consent to the minor child’s relocation to Ho Chi Minh City, Vietnam?

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 Ho Chi Minh City, Vietnam, 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 Ho Chi Minh City, Vietnam. 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 Ho Chi Minh City, Vietnam, 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 Ho Chi Minh City, Vietnam?

If the other parent does not want to consent to the passport application and/or the relocation of the minor child to Ho Chi Minh City, Vietnam – 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 Ho Chi Minh City, Vietnam, 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 Ho Chi Minh City, Vietnam

If you require legal assistance or representation with relocating to Ho Chi Minh City, Vietnam 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.

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Uncontested divorce in South Africa

First of all, what is an uncontested divorce? An uncontested divorce occurs when both parties agree to the divorce. This type of divorce is quicker, less expensive, and simpler. A formal trial is not necessary, but legal guidance may still be necessary. Other factors, such as child custody, child support, and asset division, may be relevant to the divorce but do not necessarily slow down the process. The legal expert must assist the parties in reaching a legal agreement. [caption id="attachment_4561" align="alignleft" width="300"] Call our law offices on: 0211110090
Email us at: [email protected][/caption] For professional legal consultation, contact our law offices on 021 111 0090 and have our friendly receptionist make an online appointment for you. Secure your one-on-one legal consultation today! Simply click on the link below and download our free divorce product toolkit below: Free Divorce Tool Kit How long does a divorce take in South Africa? This a common question we’re often faced with when dealing with divorce matters. Unfortunately, some divorces are more complex in which the other party is not co-operating and refuse to agree to a divorce. Under such circumstances, the divorce can unfold over years depending on the nature and circumstance of the matter. [caption id="attachment_4562" align="alignleft" width="300"] Call our law offices on: 0211110090
Email us at: [email protected][/caption] Contested or opposed divorces on the other hand, are when both parties are not in agreement with the divorce – this can cause a dreadful, costly legal drag.  The contested divorce will unfold in the following ways:  
  • pleadings
  • application for and set down of trial date
  • discovery of documents
  • further discovery and particulars
  • pre-trial conference
  • trial
  • judgment
Feel free to click on the links below and find out more about our legal expertise: Feel free to call our law offices on 021 424 3487 for a professional legal consultation today and have our friendly receptionist make an online appointment for you. Secure your one on one legal consultation today! Online divorce South Africa Technology is of a dynamic nature which is why we have moved with the times. We have recently introduced our modern, online operation. Efficiency and convenience is our main objective for the layperson. [caption id="attachment_4563" align="alignleft" width="300"] Call our law offices on: 0211110090
Email us at: [email protected][/caption] Should you be residing out of the South Africa, consulting with us will not be a problem. We are able to conduct legal consultations online, face to face or Skype / video call. We have now recently introduced our national contact number which caters for those residing out of Cape Town. Our online appointment system is efficient and gets you in the swing of an easy step to having your legal consultation with the legal expert. Simply call our offices today and have your online appointment made for you!

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