The role of a facilitator in family matters regarding children
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Relocation with my minor child to Indonesia, Denpasar (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 Denpasar, Indonesia
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 five or six) 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 Kuruman or Rustenburg, South Africa, and you want to relocate to Denpasar, Indonesia, 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 Denpasar, Indonesia?
The same applies when it comes to your minor child applying for a South African passport to relocate to Indonesia, 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 Denpasar, Indonesia 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 Denpasar, Indonesia.What can I do if the other parent does not want to consent to the minor child’s relocation to Denpasar, Indonesia?
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 Denpasar, Indonesia, 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 Denpasar, Indonesia. 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 Denpasar, Indonesia, 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 Denpasar, Indonesia?
If the other parent does not want to consent to the passport application and/or the relocation of the minor child to Denpasar, Indonesia – 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 Denpasar, Indonesia, 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 Denpasar, Indonesia
If you require legal assistance or representation with relocating to Denpasar, Indonesia 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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Frequently Asked Questions and Answers on Lawyers
Do you have any specific question on lawyers similar to that below? If yes, feel free to post it below. We will try to answer it for you.What does it involve to be a lawyer?
There are various types of lawyer. Some do court work and other usually paper work, like contracts. Then you get lawyers who advise. However, whatever the type of lawyer, the work is hard and challenging as you need to advise and think a lot. At the end of the day, you need to find the best solutions and course of actions for your clients.What subjects do you need to do to become a lawyer?
Languages are important.What do you have to go through to become a lawyer?
You require a lawyer degree. Usually and LL.B. Thereafter, you need to do the required training for the specific course you decide to follow.Are judges lawyers
Yes, they are lawyers as they studied law and apply it.What do you have to do to become a lawyer?
You require a lawyer degree. Usually and LL.B. Thereafter, you need to do the required training for the specific course you decide to follow.What is the monthly salary of a lawyer?
That would depend on the company the lawyer works for. Some work for banks, government, law firms and others for themselves.How much does it cost to go to law school?
You need to contact them.How much do lawyers make in a year?
That would depend on the company the lawyer works for. Some work for banks, government, law firms and others for themselves.How long does it take to become a lawyer?
An LL.B could take 4 to 5 years.How long do you have to go to law school?
It depends on part time or full time. You need to contact them.What is the average salary for a lawyer?
That would depend on the company the lawyer works for. Some work for banks, government, law firms and others for themselves.How many hours a day does a lawyer work?
Lawyers can work long hours. Sometimes till late the evening and on weekends.What type of education do you need to be a lawyer?
Usually an LL.B degree.What do you do when you are a lawyer?
You apply the law the specific circumstances.How many different types of lawyers are there?
There are many kinds. Attorney, Prosecutors, Judges, Advisors etc.What are the skills needed to be a lawyer?
You should be able to read well digest a lot of information. Think logically and be sharp.How long does it take to go to school to be a judge?
You cant go to school to be a judge. You are appointed based on your experiences.What kind of bachelor’s degree do you need to be a lawyer?
LL.BHow long do you have to go to school to become a paralegal?
Usually a year.Can you get a law degree without going to law school?
There are online degrees.What do you actually do as a lawyer?
You apply the law to the facts.Who do lawyers work for?
For their clients. Some work for the state as in the case of prosecutors.What subjects in high school to be a lawyer?
Languages. You need to ask the University.What are the benefits of a lawyer?
You help people. And if you work hard, you can earn a good income.What do you do as a criminal lawyer?
Defend your clients. You represent them at Court.How long does it take to get a law degree in South Africa?
Usually 4 years. If you do it part-time, it would take longer.How do you become a paralegal?
Go to go to a school for paralegal studies. The Law Society has one.What subjects do you have to do to become a lawyer?
Usually languages. You should contact the university accordingly.What are the requirements for hiring a lawyer?
There are none. However, you should ensure that there is no conflict of interests.How much do you earn as a lawyer?
That would depend on the company the lawyer works for. Some work for banks, government, law firms and others for themselves.What are the requirements to get into law school?
Speak to the specific law school.How much does it cost to go to law school?
Speak to the law school. The fees would vary from law school and year.How long do you have to go to school to become a criminal lawyer?
The same as any other lawyer. However, you may want to do more criminal law related subjects at University.How expensive is it to go to law school?
Speak to the law school. They should advise you accordingly. Some people do it part-time.Is the law exam really that hard?
It depends how had you study. However, you need to be dedicated and work hard at it. If you do so, you will pass.What jobs can you do with a law degree?
You can work in the private sector, or for the state. Some lawyers work in banks, other in big corporations.How much do you earn when you are a lawyer?
That would depend on the company the lawyer works for. Some work for banks, government, law firms and others for themselves.How much does a prosecutor earn per month in South Africa?
You need to contact the Prosecuting Authority. A senior prosecutor would obviously earn much more.How much money does a lawyer make in a year?
That would depend on the company the lawyer works for. Some work for banks, government, law firms and others for themselves.How many years does it take to get a law degree?
Usually 4 years. If you do it part-time, it will take longer.How much money does a lawyer make in a month?
That would depend on the company the lawyer works for. Some work for banks, government, law firms and others for themselves.How much does a social worker earn per month?
You need to find out by the specific social worker. Some are private, some work for the state.What type of education do you need to be a lawyer?
And LL.B.Is LLB a bachelor’s degree?
Yes, Its also an Honors Degree.How long does it take to become a lawyer?
Usually 4 years.
Posted on by Telelaw