Related Post

Relocation with my minor child to United States of America, Las Vegas (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 Las Vegas, 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 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 Nelspruit or Mahikeng, South Africa, and you want to relocate to Las Vegas, United States, 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 Las Vegas, United States?

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 Las Vegas, United States 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 Las Vegas, United States.

What can I do if the other parent does not want to consent to the minor child’s relocation to Las Vegas, 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 Las Vegas, 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 Las Vegas, 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 Las Vegas, United States of America, 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 Las Vegas, 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 Las Vegas, United States of America – 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 Las Vegas, United States of America, 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 Las Vegas, United States of America

If you require legal assistance or representation with relocating to Las Vegas, United States 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 by Telelaw

Finding the best attorney or advocate for your matter in Cape Town is important. This is whether or not you are seeking a pro-bono lawyer or one that charges fees.

What follows are some frequently asked questions on lawyer and fees in family law matters.

How much does it cost to hire a lawyer in South Africa?

The cost of hiring a lawyer depends on several factors, including the lawyer’s experience and the complexity of the matter. For simple issues, you can seek assistance from a less experienced lawyer, while complex matters may require a more professional (and thus more expensive) lawyer. Therefore, the cost of hiring a lawyer varies depending on the specific circumstances of your case and the lawyer you choose.

What does a family lawyer do in South Africa?

A family lawyer in South Africa typically handles legal matters related to family relationships, such as divorce, child custody, and adoption. They provide legal advice, represent clients in court, and help negotiate settlements.

Is it possible to find a pro bono lawyer in South Africa?

A pro bono lawyer is one who would not charge you for legal services. In South Africa, most lawyers charge for their legal services. It is possible to find organizations that may assist you with your legal matter free of charge, such as legal clinics or pro bono organizations. You may also approach the legal aid board for legal assistance.

What is the difference between a lawyer and an attorney in South Africa?

In South Africa, the terms “lawyer” and “attorney” are often used interchangeably, but there are distinctions in the legal profession:
  1. Attorney: An attorney is a legal professional who has completed the necessary education, training, and practical experience to represent clients in legal matters. Attorneys can provide legal advice, draft documents, and represent clients in lower courts. They typically work in private practice or within firms.
  2. Advocate: In South Africa, an advocate is a specialist lawyer who represents clients in higher courts. Advocates are usually instructed by attorneys and focus on litigation and courtroom representation. They are similar to barristers in other legal systems.
  3. Lawyer: This is a broader term that encompasses both attorneys and advocates, as well as other legal professionals. It refers to anyone qualified to practice law.
In summary, all attorneys are lawyers, but not all lawyers are attorneys. Advocates represent a separate branch of legal professionals within the South African legal system

How much does an advocate charge per hour in South Africa?

In South Africa, the hourly rates charged by advocates can vary widely based on factors such as experience, expertise, the complexity of the case, and the geographical location. On average, advocates may charge anywhere from R1,000 to R5000 per hour or more. For junior advocates, the rates may be lower, while senior or highly specialized advocates may charge significantly more. It’s also common for advocates to offer fixed fees for specific services or cases, rather than hourly rates. If you need an advocate, it’s best to discuss fees upfront and ensure you understand the billing structure before proceeding.

What is the cost of a suit in law?

In South Africa, the cost of a suit in law, often referred to as legal fees for representation, can vary widely based on several factors:
  1. Type of Case: Legal fees differ depending on whether it’s a civil, criminal, family, or corporate matter.
  2. Experience of the Lawyer: More experienced attorneys or advocates may charge higher fees.
  3. Billing Structure: Some lawyers charge hourly rates, while others may offer fixed fees or contingency arrangements (especially in personal injury cases).
  4. Geographical Location: Fees may be higher in urban areas like Johannesburg or Cape Town compared to smaller towns.
On average, you might expect:
  • Hourly Rates: R1,000 to R5,000 for an advocate; R1,000 to R2,500 for an attorney.
  • Fixed Fees: These can range from a few thousand rand for straightforward matters to significantly more for complex cases.
It’s important to discuss costs and payment structures upfront with your legal representative.

Is the Family Advocate accessible?

Yes, the Family Advocate in South Africa is generally accessible to the public, particularly for matters related to family law, such as divorce, child custody, and maintenance issues. The Family Advocate’s office aims to assist with the resolution of disputes involving children, focusing on their best interests. How to Access the Family Advocate:
  1. Application: You can apply to the Family Advocate’s office directly. This often involves submitting specific forms related to your case.
  2. Court Referral: In some cases, the court may refer you to the Family Advocate for assistance in mediation or investigation.
  3. Contact Information: Each province has a Family Advocate’s office, and you can find contact details online or through local court offices.
  4. Free Services: The services provided by the Family Advocate are typically free, which makes them accessible for individuals who may not be able to afford private legal representation.
It’s advisable to check the specific requirements and processes for your region, as they may vary.

Posted on by Telelaw

I want to relocate from South Africa with my minor child. The other parent does not want to consent. I need an example of a High Court Application where consent is not required.

In South Africa, the requirement for the consent of the other parent to relocate with a child is often rooted in the best interests of the child. Relocating a child can have significant implications for their relationship with both parents, as well as their overall well-being. If a parent has the parental responsibility of guardianship over a child, his or her consent is required should the minor child leave South Africa.

Why is a parent’s consent required for the relocation of a minor child?

When a parent wishes to move with a child from South Africa to any other country, either permanently or temporarily, the consent of the other parent or approval from the court is required. This is to ensure that both parents have a say in decisions that affect the child’s life and to prevent one parent from unilaterally making decisions that might negatively impact the child’s relationship with the other parent. It’s essential to consult with a family law attorney or advocate in South Africa who can provide advice based on the specific circumstances of your case. Keep in mind that family law is subject to change, so it’s crucial to get the most up-to-date information from a legal professional familiar with the current laws in South Africa.

Below is an example of a High Court Application for the relocation of a minor child to the United States of America.

[caption id="attachment_11685" align="alignnone" width="670"]Relocation Notice of Motion High Court Adv Muhammad Abduroaf London Relocation Notice of Motion High Court[/caption] [caption id="attachment_11684" align="alignnone" width="700"]Relocation Notice of Motion High Court Adv Muhammad Abduroaf Germany Relocation Notice of Motion High Court[/caption] [caption id="attachment_11681" align="alignnone" width="698"]Relocation Notice of Motion High Court Adv Muhammad Abduroaf London Relocation Notice of Motion High Court[/caption] [caption id="attachment_11683" align="alignnone" width="696"]Relocation Notice of Motion High Court Adv Muhammad Abduroaf Berlin Relocation Notice of Motion High Court[/caption] [caption id="attachment_11682" align="alignnone" width="678"]Relocation Notice of Motion High Court Adv Muhammad Abduroaf Canada Relocation Notice of Motion High Court Adv Muhammad Abduroaf Canada[/caption]  

Require legal assistance with the relocation of your minor child?

Should you require legal assistance with the relocation of your minor child, feel free to contact us in this regard. [video width="1210" height="1712" mp4="https://www.ourlawyer.co.za/wp-content/uploads/Relocation-of-Minor-Children-High-Court-Consent-Application-Example.mp4"][/video]

Posted on by Telelaw

Do you require a video legal advice consultation?

Click here and schedule one today!