Relocation with my minor child to Ireland, Dublin (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 Dublin, Ireland

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 nine or ten) 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 Graaff-Reinet or Kroonstad, South Africa, and you want to relocate to Dublin, Ireland, 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 Dublin, Ireland?

The same applies when it comes to your minor child applying for a South African passport to relocate to Ireland, 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 Dublin, Ireland 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 Dublin, Ireland.

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

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 Dublin, Ireland, 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 Dublin, Ireland. 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 Dublin, Ireland, 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 Dublin, Ireland?

If the other parent does not want to consent to the passport application and/or the relocation of the minor child to Dublin, Ireland – 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 Dublin, Ireland, 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 Dublin, Ireland

If you require legal assistance or representation with relocating to Dublin, Ireland 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.

Execute and Register your Ante-nuptial or Prenuptial Contract

Marriage is a big step for any two people to take. It is the start of a life together. Getting married is further a legal act where the law affords a married couple with certain rights and responsibilities. For example, the couple has a legal obligation to maintain each other. They may further not marry anyone else whilst so married. And of course, where this article comes into play, married spouses, unless they entered into an ante-nuptial, or prenuptial contract, have a joint estate. In short, there is no longer two separate estates, but one estate, belonging to both of them, in undivided shares.

Antenuptial or Prenuptial Contract

Out of Community of Property

Accrual Regime

Antenuptial or Prenuptial Contract Registration

What does our prenuptial service include?

• Basic and simplified advice on the three matrimonial property regimes;
• The basic law on antenuptial contracts;
• Drafting your antenuptial contract which you and your spouse are happy with;
• Execution of your prenuptial contract with a Notary Public; and
• The Registration of your ante-nuptial contract.

Looking for Family Legal Services in Zonnebloem– Child Maintenance, Child Custody, Visitation Rights and Divorce

Here at our law officers, we understand the struggle of your anxious search for family legal services. Most often, you under the impression that you may not find the legal services you require within close proximity. Look no further.

Family Legal Advice Consultancy

We are a family legal consultancy that strive to cater for all your legal needs by offering legal advice and guidance in family law. If you happen to be residing in the Zonnebloem area, then legal advice is still in your favor. Searching for a legal solution is tough enough and we are fully aware of this. With this in mind, we have made our legal advice and legal guidance easily accessible for your convenience. Our online system enables you to make an online appointment for a professional legal consultation within minutes, while in the comfort of your own home.

Price listings for Family Legal Services in Zonnebloem 

Legal Advice in Zonnebloem– Family law legal topics

• Child Maintenance
• Ante-nuptial Contact
• Change Matrimonial Property Regime
• Child Adoption
• Child Custody and Access
• Domestic Violence Protection
• Family Trust Registration
• Fast Unopposed Divorces
• Non-Compliance with maintenance orders
• Parenting Plans
• Postnuptial Contract Registration
• Pre-nikkah Agreement

Child Maintenance

1. How to Apply for Child Maintenance at Court – Step by Step Guide and Advice
2. Child Maintenance Question. How much should I pay or contribute as a p
3. Child Support or maintenance claims. Does an unemployed father pay?
4. Non-compliance with Maintenance Orders — Civil and Criminal Remedies
5. Tricks and tips on how to win your child maintenance case

Child Custody

1. The Law Regarding Children – The Children’s Act 38 of 2005
2. Child born out of wedlock: Mother will not consent to her surname change and to be registered as her biological father. What can I do?
3. How do I get full custody over my child?
4. Parental Child Abuse in Custody Cases
5. Relocate with minor child. Parent Refusing Consent for a Passport
6. Father being refused contact to his child! What are his rights as a Father?
7. Father’s Parental Responsibilities and Rights to his Child
8. Urgent Access to your Children without a Lawyer
9. Parenting Plans and the Law
10. What happens in a custody dispute where one parent is mentally ill?
11. How to win your child custody and access court case – Tips and Tricks
12. Rights of care, contact and guardianship of grandparents to their grandchildren – What does the law say?

Divorce and Property

1. How to Change your Matrimonial Property Regime
2. Do your own Unopposed Divorce. No lawyers needed and its Free.
3. Parental Rights of Divorced Muslim parents after a Talaq or Faskh
4. Free Online Divorce Assistance Form – DIY Cape Town South Africa comprising of:

• Divorce guide
• Sample High Court Summons
• Particulars of Claim
• Notice of Set Down

Legal consultation – telephonic, face to face or via video chat / Skype legal advice for those residing in Zonnebloem

1. Call our friendly receptionist and ask to have an appointment made for you online which will only take a minute or two.
2. You have the choice of deciding whether you would like a telephonic, email, video chat/Skype legal consultation.
3. Once you call our law offices on 021 424 3487, the receptionist will make an appointment online for you. Thereafter, you will receive an automated email which will contain all relevant details about the legal consultation. The date, time, nature of legal matter and payments methods will be highlighted within the email.
4. We urge potential clients to read their email well as well as the terms and conditions within the email.
5. Only once payment has been made, will the face to face legal consultation be confirmed.
6. Bear in mind that the date and time of the legal consultation is subject to change on either our part or the potential client’s part. Hence the potential client is free to change the date and time should they later find a more convenient date or time.

Free legal products if you live in Zonnebloem 

1. Free Basic Will Tool Kit
2. Free Shariah Will Template
3. Free Divorce Starter Tool Kit
4. Free Child Maintenance Calculator
5. Free DIY Urgent Child Contact Toolkit
6. Urgent Holiday Contact Toolkit