Advocate Muhammad Abduroaf Western Cape High Court Rights of Fathers
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Relocation with my minor child to United States of America, Orlando (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 Orlando, United States of America
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 seven or eight) 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 Swellendam or Seshego, South Africa, and you want to relocate to Orlando, United States of America, 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 Orlando, United States of America?
The same applies when it comes to your minor child applying for a South African passport to relocate to United States, 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 Orlando, United States of America with my minor child? There is there 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 Orlando, United States of America. What can I do if the other parent does not want to consent to the minor child’s relocation to Orlando, United States of America?
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 Orlando, United States, 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 Orlando, United States. 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 Orlando, United States, 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 Orlando, United States of America?
If the other parent does not want to consent to the passport application and/or the relocation of the minor child to Orlando, United States – 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 Orlando, United States, 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 Orlando, United States of America
If you require legal assistance or representation with relocating to Orlando, United States of America 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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Trust Account Advocate in South Africa – How does Advocate Muhammad Abduroaf’s Practice?
A relatively recent concept in South Africa is Trust Account Advocates, which came into existence in 2018. The referral advocate profession remains the prevalent type of Advocate to this day. To understand what a Trust Account Advocate is, one needs to understand what a referral advocate is. The Legal Practice Act provides a distinction between Trust Account Advocates and Referral Advocates.What is a referral advocate in South Africa?
Prior to 2018, all advocates were referred to as only “Advocates”. Advocates were instructed by an attorney. What this meant was that a client would approach an attorney, who would, in turn, instruct and advocate to do work. The work the Advocate would be instructed to do predominantly relates to matters connecting to Court or litigation. Therefore, should a client want to claim money from someone, the attorney would instruct the Advocate to assist in the litigation process. This would include drafting court documents and appearing in Court. The attorney would attend to the administrative matters regarding the case. For example, writing letters, copying documents, filing at Court, and ensuring that everything is in order. The Advocate would then invoice the attorney for work done.How does a Trust Account Advocate operate in South Africa?
A Trust Account Advocate would be a hybrid between an attorney and a Referral Advocate. The Trust Account advocate would generally do work that referral advocates do; however, they also do work that an attorney would do. The client would, however, pay fees directly to the Trust Account Advocate into his or her Trust Account. This is not possible for Referral Advocates, where fees must be paid into the Attorneys Trust Account. It can only be paid to the Advocate after the work is done.How does Advocate Muhammad Abduroaf operate as a Trust Account Advocate?
Advocate Muhammad Abduroaf’s practice is a general litigation practice. The client would approach his firm directly for an impending legal matter. After a consultation with Adv. Muhammad Abduroaf and it is resolved that the matter requires his attention, he would take on the matter. If fees are paid in advance, they will be paid into his Trust Account. The same as an attorney would do. The main difference between his practice and that of an attorney working with a Referral Advocate is that the client would deal directly with him as the Advocate in the matter. Not via the attorney.How do I instruct Advocate Muhammad Abduroaf?
If you wish to instruct Advocate Muhammad Abduroaf in a legal matter, feel free to contact him. His website is www. abduroaf.co.za. You may also contact him using the number 021 1110090.
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