The United Kingdom, Australia, United States, New Zealand, Canada

Posted on 11 February 2025 by Telelaw

The United Kingdom, Australia, United States, New Zealand, Canada

Relocation with my minor child to Spain, Palma de Mallorca (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 Palma de Mallorca, Spain
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 Boksburg or Ladysmith, South Africa, and you want to relocate to Palma de Mallorca, Spain, 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 Palma de Mallorca, Spain?
The same applies when it comes to your minor child applying for a South African passport to relocate to Spain, 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 Palma de Mallorca, Spain 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 Palma de Mallorca, Spain.
What can I do if the other parent does not want to consent to the minor child’s relocation to Palma de Mallorca, Spain?
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 Palma de Mallorca, Spain, 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 Palma de Mallorca, Spain. 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 Palma de Mallorca, Spain, 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 Palma de Mallorca, Spain?
If the other parent does not want to consent to the passport application and/or the relocation of the minor child to Palma de Mallorca, Spain – 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 Palma de Mallorca, Spain, 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 Palma de Mallorca, Spain
If you require legal assistance or representation with relocating to Palma de Mallorca, Spain 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.

Posted on 11 February 2025 by Telelaw

[caption id="attachment_10824" align="alignnone" width="664"] Relocation consent Court Order for minor child to China – Advocate Muhammad Abduroaf[/caption]
I want to relocate from South Africa to China with my minor child. The other parent does not want my child to relocate to China. What can I do?
China is a popular destination to emigrate to. People emigrate from South Africa for many reasons. It ranges from better employment opportunities, family relations, or for a better standard of living. Whatever the reason a parent wants to relocate to China, if a minor child will be joining that parent and also relocating to China, then the parent remaining in South Africa’s consent would usually be required. Let us unpack the legal issues a parent may encounter when wanting to emigrate to China. Before we do so, let us list the various cities and towns in China to which you may want to relocate: Anhui (province), Anqing, Bengbu, Hefei, Huainan, Huangshan, Ma’anshan, Shexian, Tongcheng, Tongling, Wuhu, Xuancheng, Beijing (provincial-level municipality, capital), Beijing, Chongqing (provincial-level municipality), Chongqing, Hechuan, Wanzhou, Fujian (province), Fuzhou, Longyan, Nanping, Quanzhou, Sanming, Shaowu, Xiamen, Yong’an, Zhangzhou, Gansu (province), Dunhuang, Jiuquan, Lanzhou, Pingliang, Tianshui, Wuwei, Yumen, Guangdong (province), Chaozhou, Foshan, Guangzhou, Jiangmen, Maoming, Meizhou, Shantou, Shaoguan, Shenzhen, Zhanjiang, Zhaoqing, Zhongshan, Guangxi (autonomous region), Baise, Beihai, Guilin, Liuzhou, Nanning, Pingxiang, Wuzhou, Yulin, Guizhou (province), Anshun, Duyun, Guiyang, Zunyi, Hainan (province), Haikou, Hebei (province), Baoding, Cangzhou, Chengde, Handan, Kalgan, Qinhuangdao, Shanhaiguan, Shijiazhuang, Tangshan, Xingtai, Xuanhua, Zhengding, Heilongjiang (province), Acheng, Binxian, Harbin, Hegang, Hulan, Jiamusi, Jixi, Mudanjiang, Qiqihar, Shuangyashan, Yichun, Henan (province), Anyang, Hebi, Jiaozuo, Kaifeng, Luohe, Luoyang, Nanyang, Shangqiu, Xinxiang, Xinyang, Xuchang, Zhengzhou, Zhoukou, Hong Kong (special administrative region), Hong Kong, Victoria, Hubei (province), Daye, Hankou, Hanyang, Huangshi, Jingzhou, Laohekou, Wuchang, Wuhan, Xiangfan, Yichang, Hunan (province), Changde, Changsha, Hengyang, Jinshi, Shaoyang, Xiangtan, Yiyang, Yueyang, Zhuzhou, Inner Mongolia (autonomous region), Baotou, Chifeng, Duolun, Erenhot, Hailar, Hohhot, Jining, Manzhouli, Tongliao, Jiangsu (province), Changshu, Changzhou, Huai’an, Huaiyin, Lianyungang, Nanjing, Nantong, Suzhou, Taizhou, Wuxi, Xuzhou, Yancheng, Yangzhou, Zhenjiang, Jiangxi (province), Ganzhou, Ji’an, Jingdezhen, Jiujiang, Nanchang, Pingxiang, Shangrao, Zhangshu, Jilin (province), Baicheng, Changchun, Jilin, Liaoyuan, Siping, Tonghua, Yanji, Liaoning (province), Anshan, Beipiao, Benxi, Dalian, Dandong, Fushun, Fuxin, Jinzhou (southern Liaoning), Jinzhou (western Liaoning), Liaoyang, Lüshun, Shenyang, Wafangdian, Yingkou, Macau (special administrative region), Macau, Ningxia (autonomous region), Yinchuan, Qinghai (province), Golmud, Lenghu, Xining, Shaanxi (province), Ankang, Baoji, Hanzhong, Shangluo, Tongguan, Xi’an, Xianyang, Yan’an, Shandong (province), Dezhou, Jinan, Jining, Linzi, Qingdao, Qufu, Weifang, Weihai, Yantai, Zaozhuang, Zibo, Shanghai (provincial-level municipality), Shanghai, Shanxi (province), Changzhi, Datong, Jinzhong, Linfen, Puzhou, Taiyuan, Yangquan, Sichuan (province), Chengdu, Kangding, Luzhou, Mianyang, Nanchong, Neijiang, Wutongqiao, Ya’an, Yibin, Zigong, Tianjin (provincial-level municipality), Tanggu, Tianjin, Tibet (autonomous region), Gartok, Gyangzê, Lhasa, Xigazê, Xinjiang (autonomous region), Hami, Hotan, Karamay, Kashgar, Kucha, Kuldja, Shihezi, Turfan, Ürümqi, Yarkand, Yunnan (province), Dali, Gejiu, Jinghong, Kaiyuan, Kunming, Pu’er, Zhejiang (province), Fenghua, Hangzhou, Huzhou, Jiaxing, Jinhua, Ningbo, Quzhou, Shaoxing, Wenzhou. (https://www.britannica.com/topic/List-of-cities-in-China-2040392)
Why do I require the other parent’s Consent to relocate to China?
According to South African law, if you are a co-holder of parental responsibilities and rights over your minor child, you must consent to your child leaving South Africa. In this case, relocating to China. Here we refer to section 18 of the Children’s Act 38 of 2005. The entire provision is as follows: 18 Parental responsibilities and rights (1) A person may have either full or specific parental responsibilities and rights in respect of a child. (2) The parental responsibilities and rights that a person may have in respect of a child, include the responsibility and the right- (a) to care for the child; (b) to maintain contact with the child; (c) to act as guardian of the child; and (d) to contribute to the maintenance of the child. (3) Subject to subsections (4) and (5), a parent or other person who acts as guardian of a child must- (a) administer and safeguard the child’s property and property interests; (b) assist or represent the child in administrative, contractual and other legal matters; or (c) give or refuse any consent required by law in respect of the child, including- (i) consent to the child’s marriage; (ii) consent to the child’s adoption; (iii) consent to the child’s departure or removal from the Republic; (iv) consent to the child’s application for a passport; and (v) consent to the alienation or encumbrance of any immovable property of the child. (4) Whenever more than one person has guardianship of a child, each one of them is competent, subject to subsection (5), any other law or any order of a competent court to the contrary, to exercise independently and without the Consent of the other any right or responsibility arising from such guardianship. (5) Unless a competent court orders otherwise, the Consent of all the persons that have guardianship of a child is necessary in respect of matters set out in subsection (3)(c). Now let us explain what Parental Responsibilities and Rights are.
What are Parental Responsibilities and Rights of a parent in relation to a child?
As can be seen from section 18(2) of the Children’s Act, when we refer to Parental Responsibilities and Rights, we refer to the following: (a) to care for the child; (b) to maintain contact with the child; (c) to act as guardian of the child; and (d) to contribute to the maintenance of the child. Therefore, if a parent has parental responsibilities and rights over a minor child, and accordingly, rights of guardianship, their Consent is required when it comes to issues of guardianship. As seen from section 18(3)(c) of the Children’s Act above, both parents’ Consent is required should a minor child depart from the Republic of South Africa. In this case, to emigrate to China. Even if the minor child only wants to go for a short holiday to China, both guardians’ Consent would be required.
When would the other parent be seen as a guardian in the case of a relocation matter to China?
It must be noted that not all parents are legal guardians over their minor children. We should therefore distinguish between married or divorced parents and parents who were never married. As you would see below, usually married, or divorced parents’ Consent would be required for a minor child to relocate or emigrate to China. However, that does not automatically apply to parents who were never married. This could be because the child could have been born from a brief encounter and never met his or her father. It would not make sense that a parent who never met his or her 15-year-old child, should give Consent for relocation to China.
Mother’s Consent for relocation of the minor child to China
Section 19 of the Children’s Act deals with the Parental responsibilities and rights of mothers. It states the following: 19 Parental responsibilities and rights of mothers (1) The biological mother of a child, whether married or unmarried, has full parental responsibilities and rights in respect of the child. (2) If- (a) the biological mother of a child is an unmarried child who does not have guardianship in respect of the child; and (b) the biological father of the child does not have guardianship in respect of the child, the guardian of the child’s biological mother is also the guardian of the child. (3) This section does not apply in respect of a child who is the subject of a surrogacy agreement. As seen from section 19(1) of the Children’s Act, in most cases involving the relocation of a minor child to China, the mother’s Consent is required as she has full parental responsibilities and rights over the minor child.
Married father’s Consent for the relocation of the minor child to China
Section 20 of the Children’s Act deals with Parental responsibilities and rights of married fathers. It states the following: 20 Parental responsibilities and rights of married fathers The biological father of a child has full parental responsibilities and rights in respect of the child- (a) if he is married to the child’s mother; or (b) if he was married to the child’s mother at (i) the time of the child’s conception; (ii) the time of the child’s birth; or (iii) any time between the child’s conception and birth. As can be seen from sections 20 (a) and (b) of the Children’s Act, if the father and the mother were married, or are married, then his Consent is required for the minor child to relocate to China. Of course, an exception to this would be should a court of law order otherwise. This would be the case should the parents be divorced and the divorce court ordered that only the mother may act as guardian. Next, we deal with the issue of an unmarried father’s Consent to relocate a minor child to China.
Consent of unmarried fathers for the relocation of their minor children to China.
Section 21 of the Children’s Act deals with parental responsibilities and rights of unmarried fathers. The section states the following: 21 Parental responsibilities and rights of unmarried fathers (1) The biological father of a child who does not have parental responsibilities and rights in respect of the child in terms of section 20, acquires full parental responsibilities and rights in respect of the child- (a) if at the time of the child’s birth he is living with the mother in a permanent life-partnership; or (b) if he, regardless of whether he has lived or is living with the mother- (i) consents to be identified or successfully applies in terms of section 26 to be identified as the child’s father or pays damages in terms of customary law; (ii) contributes or has attempted in good faith to contribute to the child’s upbringing for a reasonable period; and (iii) contributes or has attempted in good faith to contribute towards expenses in connection with the maintenance of the child for a reasonable period. (2) This section does not affect the duty of a father to contribute towards the maintenance of the child. (3) (a) If there is a dispute between the biological father referred to in subsection (1) and the biological mother of a child with regard to the fulfilment by that father of the conditions set out in subsection (1) (a) or (b), the matter must be referred for mediation to a family advocate, social worker, social service professional or other suitably qualified person. (b) Any party to the mediation may have the outcome of the mediation reviewed by a court. (4) This section applies regardless of whether the child was born before or after the commencement of this Act. As can be seen from the latter sections, a father of a child born out of wedlock does not automatically have parental responsibilities and rights over his minor child. He may however acquire those parental responsibilities and rights over his minor child if he is materially involved in the child’s life. That would be where the father and the mother were in a permanent life partnership when the child was born or he is meaningfully involved in the child’s life, as outlined above. We shall not go into much detail regarding that. However, in most cases, if the father had regular contact with the child and paid child support, he would have acquired parental responsibilities and rights over the minor child.
What do you do if the other parent does not want to consent to the minor child relocating to China?
Suppose the other parent also has parental responsibilities and rights over the minor child, and he or she does not want to consent to the relocation of the minor child to China, then in such a case, the Court needs to be approached. Here I refer you back to section 18(5) of the Children’s Act referred to above where it states: (5) Unless a competent court orders otherwise, the Consent of all the persons that have guardianship of a child is necessary in respect of matters set out in subsection (3)(c). Therefore, after your Court Application has been launched an both sides have been heard, the Court would make the necessary Order. If you are successful in your application for the relocation of your minor children to China, then the Court will make an Order similar to that which is shown below. [caption id="attachment_10823" align="alignnone" width="682"] Relocation consent Court Order for minor child to China – Advocate Muhammad Abduroaf[/caption] [caption id="attachment_10824" align="alignnone" width="692"] Relocation consent Court Order for minor child to China – Advocate Muhammad Abduroaf[/caption]

Posted on 11 February 2025 by Telelaw

Family Law Service – Advocate Muhammad Abduroaf – Finding the best lawyer for you.
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The Firm: Advocate Muhammad Abduroaf
Trust Account Advocate. Advocate Muhammad Abduroaf is a registered firm with the Legal Practice Council of South Africa. It holds offices in Cape Town. However represents clients all over South Africa. If required, he would travel out to your province to attend to you matter. Advocate Muhammad Abduroaf is a Trust Account practice, which means it may take instructions directly from members of the public. This is compared to referral advocates who may not take instructions directly from members of the public. Advocate Muhammad Abduroaf’s practice allows clients to deposit money into their Trust Account. To do so, it needs to hold a valid fidelity fund certificate, which it does. Advocate Muhammad Abduroaf may appear on its client’s behalf in all courts in the Republic of South Africa. These include the Constitutional Court, the Supreme Court of Appeal, all High Court and magistrates courts in all provinces in South Africa. The services you may instruct the firm of Advocate Muhammad Abduroaf to represent you in are as follows:
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Posted on 11 February 2025 by Telelaw