Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town

Posted on by Telelaw

Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town

Related Post

Looking for Family Legal Services in Brooklyn- 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 Brooklyn 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 Brooklyn

We have managed to compile a straightforward price list of some of our legal services in which we offer legal advice and legal guidance in. With that being said, we often have potential clients asking us for an overall view of what the service will cost. When it comes to child maintenance, child custody, contested/opposed divorces and so on; then an overview of the cost cannot be provided as this will be depend upon nature and circumstance of the legal matter. See our legal services page for an idea of what some of our legal services will cost.

Legal Advice in Brooklyn– Family law legal topics

For family law legal topics, we offer legal advice on a variety of family law topics, which include, but is not limited to: And while our consultation does come at a fee of R800; we have made our free, expert legal advice articles on our website, easily accessible for the layperson. See the following free, expert legal advice articles which was carefully crafted by the legal expert himself. These articles can be found within the following categories:

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:
So whether you’re residing in the Northern or Southern suburbs, we can assist you in your legal plight. Call our law offices on 021 424 3487, and have our friendly receptionist make an online appointment for you for a face to face, telephonic or Video Chat/Skype legal consultation.

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

Are you residing in Brooklyn and concerned that legal advice and legal guidance may be out of your way? This could never be more far off from the truth. Our professional legal consultancy have taken such circumstances into account and have managed to accommodate for those residing in the Brooklyn area. Our professional legal consultation can take place by virtue of video chat / Skype, email or telephonic for your convenience. We are currently based at Suit 702, 7th Floor, The Pinnacle (on the corner of Burg and Strand Street). Do you require an Attorney to handle your legal matter? No problem. Our law offices have built a wealth of legal connections to ease your plight. After assessing your legal matter during the consultation, we can refer you to an Attorney if necessary. However, we have managed to sustain a convenient online operation which will unfold within the following ways:
  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.
Call our law offices on 021 424 3487, and have our friendly receptionist make an online appointment for you for a face to face, telephonic or Video Chat/Skype legal consultation.

Free legal products if you live in Brooklyn

Our law offices does not offer pro bono legal services as we are a Family Legal Consultancy that aims at offering expert, efficient legal advice and assistance on child maintenance, divorce, child custody and so forth. We have however, as mentioned previously, made our free, expert legal advice accessible to the layperson on our website. The creators of this website have compiled a “Free Family Law Resources” section, which can be found on our home page. The family law resources are as follows:
  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
You can now enjoy free, expert legal advice at the touch of a button. Call our law offices on 021 424 3487, and have our friendly receptionist make an online appointment for you for a face to face, telephonic or Video Chat/Skype legal consultation. Connect with us today!      
Posted on by Telelaw

Dear Advocate Abduroaf. My child custody case is very complicated. How do I find the best child custody lawyer, attorney or advocate for my case in Durban?

A great child custody lawyer (attorney or advocate) is a legal practitioner who specializes in family law and has expertise in handling cases related to child custody and visitation rights. Family law matters can be very emotionally challenging for both parents. The same applies to the child concerned. Whether you live in Cape Town or in Durban, the law applicable would be the same throughout South Africa.

Here are some qualities and characteristics that can define a great child custody lawyer, or the best one for your case:

Experience and Expertise:

  • Specialization in family law, particularly child custody cases.
  • Proven track record of successfully handling similar cases.

Knowledge of Family Law:

  • In-depth understanding of family law.
  • Awareness of recent legal developments and changes in family law.

Communication Skills:

  • Effective communication skills to clearly articulate your case in court.
  • Ability to negotiate and mediate to reach favourable settlements.

Compassion and Empathy:

  • Understanding and empathy towards the emotional challenges involved in child custody disputes.
  • Ability to provide emotional support to clients during a difficult time.

Strategic Thinking:

  • Ability to devise a strategic legal approach tailored to the unique aspects of your case.
  • Forethought and anticipation of potential challenges.

Availability and Responsiveness:

  • Prompt responses to client inquiries and concerns.
  • Availability for meetings, court appearances, and consultations.

Client Reviews and References:

  • Positive reviews from previous clients.
  • Recommendations from colleagues or other legal professionals.

Ethical Conduct:

  • Adherence to professional and ethical standards.
  • Transparent and fair billing practices.

Courtroom Experience:

  • Comfort and confidence in a courtroom setting.
  • Skillful presentation of arguments and evidence.

Resourcefulness:

  • Resourcefulness in finding legal precedents and utilizing available resources to strengthen the case.

Problem-Solving Skills:

  • Creative problem-solving skills to navigate complex family dynamics and legal issues.

Custody and Visitation Knowledge:

  • In-depth knowledge of various custody arrangements and visitation schedules.
  • Ability to advocate for the best interests of the child.

What should you consider when meeting with a family law attorney or advocate?

When looking for a great child custody lawyer, it’s essential to schedule consultations, discuss your case, and assess whether the lawyer, attorney, or advocate possesses the qualities and skills that align with your needs and goals. Additionally, consider seeking recommendations from trusted friends, family members, or other legal professionals. Finding the best child custody lawyer involves thorough research, careful consideration of your specific needs, and evaluation of the lawyer’s qualifications. Here are some steps you can take to find the right child custody lawyer for your situation:

Define Your Goals and Needs:

  • Clearly identify your goals and priorities in the child custody case.
  • Determine the specific services you need from a lawyer, such as legal representation, mediation, or collaborative law.

Research Local Family Law Attorneys:

  • Use online legal directories and referral services to identify family law attorneys or Trust Account Advocate in your area.
  • Seek recommendations from friends, family, or colleagues who have gone through similar situations.

Check Credentials and Specialization:

  • Look for lawyers who specialize in family law and, more specifically, child custody cases.
  • Check their credentials, education, and any certifications related to family law.

Read Reviews and Testimonials:

  • Read online reviews on legal review websites, social media, or the lawyer’s own website.
  • Consider testimonials from previous clients to gauge the lawyer’s reputation and success rate.

Consult with Multiple Lawyers:

  • Schedule consultations with several child custody lawyers to discuss your case.
  • Prepare a list of questions to ask during the consultation, covering topics such as experience, approach to cases, and expected outcomes.

Evaluate Communication Skills:

  • Assess the lawyer’s communication style and whether you feel comfortable discussing your case with them.
  • Ensure that the lawyer listens actively and provides clear explanations of legal processes.

Consider Experience:

  • Inquire about the lawyer’s experience in handling child custody cases similar to yours.
  • Ask about their success rate and outcomes in past cases.

Review Legal Fees:

  • Discuss the lawyer’s fee structure during the consultation.
  • Clarify billing practices, retainer fees, and any additional costs associated with your case.

Check Disciplinary Records:

  • Verify the lawyer’s standing with the Legal Practice Council of South Africa.
  • Check for any disciplinary actions or complaints against the lawyer.

Seek Second Opinions:

  • If you have initial concerns or uncertainties, consider seeking a second opinion from another attorney or advocate.
  • Compare advice and recommendations from multiple sources.

Trust Your Instincts:

  • Pay attention to your instincts and gut feelings about the lawyer.
  • Choose a lawyer you feel comfortable working with and who understands your unique situation.

Negotiation and Mediation Skills:

Assess the lawyer’s ability to negotiate and mediate, especially if you prefer an amicable resolution.
  • Remember that finding the best child custody lawyer is a personalized process, and the right fit for one person may not be the best for another. Take the time to thoroughly research and evaluate potential lawyers to make an informed decision based on your specific needs and circumstances.
We service clients in all cities: Cape Town Rustenburg Kimberley East London Nelspruit Polokwane Pietermaritzburg Bloemfontein Port Elizabeth Pretoria Durban Johannesburg

Posted on by Telelaw

[caption id="attachment_10843" align="alignnone" width="671"]Relocation consent Court Order for minor child to the United States of America- USA - Advocate Muhammad Abduroaf Relocation consent Court Order for minor child to the United States of America- USA – Advocate Muhammad Abduroaf[/caption]

I want to relocate from South Africa to the United States of America (USA) with my minor child. The other parent does not want my child to relocate to the United States of America. What can I do?

The United States of America 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 the United States of America, if a minor child will be joining that parent and also relocating to the United States of America, 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 the United States of America. Before we do so, let us list the various cities and towns in the United States of America to which you may want to relocate: Alabama, Alexander City, Andalusia, Anniston, Athens, Atmore, Auburn, Bessemer, Birmingham, Chickasaw, Clanton, Cullman, Decatur, Demopolis, Dothan, Enterprise, Eufaula, Florence, Fort Payne, Gadsden, Greenville, Guntersville, Huntsville, Jasper, Marion, Mobile, Montgomery, Opelika, Ozark, Phenix City, Prichard, Scottsboro, Selma, Sheffield, Sylacauga, Talladega, Troy, Tuscaloosa, Tuscumbia, Tuskegee, Alaska, Anchorage, Cordova, Fairbanks, Haines, Homer, Juneau, Ketchikan, Kodiak, Kotzebue, Nome, Palmer, Seward, Sitka, Skagway, Valdez, Arizona, Ajo, Avondale, Bisbee, Casa Grande, Chandler, Clifton, Douglas, Flagstaff, Florence, Gila Bend, Glendale, Globe, Kingman, Lake Havasu City, Mesa, Nogales, Oraibi, Phoenix, Prescott, Scottsdale, Sierra Vista, Tempe, Tombstone, Tucson, Walpi, Window Rock, Winslow, Yuma, Arkansas, Arkadelphia, Arkansas Post, Batesville, Benton, Blytheville, Camden, Conway, Crossett, El Dorado, Fayetteville, Forrest City, Fort Smith, Harrison, Helena, Hope, Hot Springs, Jacksonville, Jonesboro, Little Rock, Magnolia, Morrilton, Newport, North Little Rock, Osceola, Pine Bluff, Rogers, Searcy, Stuttgart, Van Buren, West Memphis, California, Alameda, Alhambra, Anaheim, Antioch, Arcadia, Bakersfield, Barstow, Belmont, Berkeley, Beverly Hills, Brea, Buena Park, Burbank, Calexico, Calistoga, Carlsbad, Carmel, Chico, Chula Vista, Claremont, Compton, Concord, Corona, Coronado, Costa Mesa, Culver City, Daly City, Davis, Downey, El Centro, El Cerrito, El Monte, Escondido, Eureka, Fairfield, Fontana, Fremont, Fresno, Fullerton, Garden Grove, Glendale, Hayward, Hollywood, Huntington Beach, Indio, Inglewood, Irvine, La Habra, Laguna Beach, Lancaster, Livermore, Lodi, Lompoc, Long Beach, Los Angeles, Malibu, Martinez, Marysville, Menlo Park, Merced, Modesto, Monterey, Mountain View, Napa, Needles, Newport Beach, Norwalk, Novato, Oakland, Oceanside, Ojai, Ontario, Orange, Oroville, Oxnard, Pacific Grove, Palm Springs, Palmdale, Palo Alto, Pasadena, Petaluma, Pomona, Port Hueneme, Rancho Cucamonga, Red Bluff, Redding, Redlands, Redondo Beach, Redwood City, Richmond, Riverside, Roseville, Sacramento, Salinas, San Bernardino, San Clemente, San Diego, San Fernando, San Francisco, San Gabriel, San Jose, San Juan Capistrano, San Leandro, San Luis Obispo, San Marino, San Mateo, San Pedro, San Rafael, San Simeon, Santa Ana, Santa Barbara, Santa Clara, Santa Clarita, Santa Cruz, Santa Monica, Santa Rosa, Sausalito, Simi Valley, Sonoma, South San Francisco, Stockton, Sunnyvale, Susanville, Thousand Oaks, Torrance, Turlock, Ukiah, Vallejo, Ventura, Victorville, Visalia, Walnut Creek, Watts, West Covina, Whittier, Woodland, Yorba Linda, Yuba City, Colorado, Alamosa, Aspen, Aurora, Boulder, Breckenridge, Brighton, Canon City, Central City, Climax, Colorado Springs, Cortez, Cripple Creek, Denver, Durango, Englewood, Estes Park, Fort Collins, Fort Morgan, Georgetown, Glenwood Springs, Golden, Grand Junction, Greeley, Gunnison, La Junta, Leadville, Littleton, Longmont, Loveland, Montrose, Ouray, Pagosa Springs, Pueblo, Silverton, Steamboat Springs, Sterling, Telluride, Trinidad, Vail, Walsenburg, Westminster, Connecticut, Ansonia, Berlin, Bloomfield, Branford, Bridgeport, Bristol, Coventry, Danbury, Darien, Derby, East Hartford, East Haven, Enfield, Fairfield, Farmington, Greenwich, Groton, Guilford, Hamden, Hartford, Lebanon, Litchfield, Manchester, Mansfield, Meriden, Middletown, Milford, Mystic, Naugatuck, New Britain, New Haven, New London, North Haven, Norwalk, Norwich, Old Saybrook, Orange, Seymour, Shelton, Simsbury, Southington, Stamford, Stonington, Stratford, Torrington, Wallingford, Waterbury, Waterford, Watertown, West Hartford, West Haven, Westport, Wethersfield, Willimantic, Windham, Windsor, Windsor Locks, Winsted, Delaware, Dover, Lewes, Milford, New Castle, Newark, Smyrna, Wilmington, Florida, Apalachicola, Bartow, Belle Glade, Boca Raton, Bradenton, Cape Coral, Clearwater, Cocoa Beach, Cocoa-Rockledge, Coral Gables, Daytona Beach, De Land, Deerfield Beach, Delray Beach, Fernandina Beach, Fort Lauderdale, Fort Myers, Fort Pierce, Fort Walton Beach, Gainesville, Hallandale Beach, Hialeah, Hollywood, Homestead, Jacksonville, Key West, Lake City, Lake Wales, Lakeland, Largo, Melbourne, Miami, Miami Beach, Naples, New Smyrna Beach, Ocala, Orlando, Ormond Beach, Palatka, Palm Bay, Palm Beach, Panama City, Pensacola, Pompano Beach, Saint Augustine, Saint Petersburg, Sanford, Sarasota, Sebring, Tallahassee, Tampa, Tarpon Springs, Titusville, Venice, West Palm Beach, White Springs, Winter Haven, Winter Park, Georgia, Albany, Americus, Andersonville, Athens, Atlanta, Augusta, Bainbridge, Blairsville, Brunswick, Calhoun, Carrollton, Columbus, Dahlonega, Dalton, Darien, Decatur, Douglas, East Point, Fitzgerald, Fort Valley, Gainesville, La Grange, Macon, Marietta, Milledgeville, Plains, Rome, Savannah, Toccoa, Valdosta, Warm Springs, Warner Robins, Washington, Waycross, Hawaii, Hanalei, Hilo, Honaunau, Honolulu, Kahului, Kaneohe, Kapaa, Kawaihae, Lahaina, Laie, Wahiawa, Wailuku, Waimea, Idaho, Blackfoot, Boise, Bonners Ferry, Caldwell, Coeur d’Alene, Idaho City, Idaho Falls, Kellogg, Lewiston, Moscow, Nampa, Pocatello, Priest River, Rexburg, Sun Valley, Twin Falls, Illinois, Alton, Arlington Heights, Arthur, Aurora, Belleville, Belvidere, Bloomington, Brookfield, Cahokia, Cairo, Calumet City, Canton, Carbondale, Carlinville, Carthage, Centralia, Champaign, Charleston, Chester, Chicago, Chicago Heights, Cicero, Collinsville, Danville, Decatur, DeKalb, Des Plaines, Dixon, East Moline, East Saint Louis, Effingham, Elgin, Elmhurst, Evanston, Freeport, Galena, Galesburg, Glen Ellyn, Glenview, Granite City, Harrisburg, Herrin, Highland Park, Jacksonville, Joliet, Kankakee, Kaskaskia, Kewanee, La Salle, Lake Forest, Libertyville, Lincoln, Lisle, Lombard, Macomb, Mattoon, Moline, Monmouth, Mount Vernon, Mundelein, Naperville, Nauvoo, Normal, North Chicago, Oak Park, Oregon, Ottawa, Palatine, Park Forest, Park Ridge, Pekin, Peoria, Petersburg, Pontiac, Quincy, Rantoul, River Forest, Rock Island, Rockford, Salem, Shawneetown, Skokie, South Holland, Springfield, Streator, Summit, Urbana, Vandalia, Virden, Waukegan, Wheaton, Wilmette, Winnetka, Wood River, Zion, Indiana, Anderson, Bedford, Bloomington, Columbus, Connersville, Corydon, Crawfordsville, East Chicago, Elkhart, Elwood, Evansville, Fort Wayne, French Lick, Gary, Geneva, Goshen, Greenfield, Hammond, Hobart, Huntington, Indianapolis, Jeffersonville, Kokomo, Lafayette, Madison, Marion, Michigan City, Mishawaka, Muncie, Nappanee, Nashville, New Albany, New Castle, New Harmony, Peru, Plymouth, Richmond, Santa Claus, Shelbyville, South Bend, Terre Haute, Valparaiso, Vincennes, Wabash, West Lafayette, Iowa, Amana Colonies, Ames, Boone, Burlington, Cedar Falls, Cedar Rapids, Charles City, Cherokee, Clinton, Council Bluffs, Davenport, Des Moines, Dubuque, Estherville, Fairfield, Fort Dodge, Grinnell, Indianola, Iowa City, Keokuk, Mason City, Mount Pleasant, Muscatine, Newton, Oskaloosa, Ottumwa, Sioux City, Waterloo, Webster City, West Des Moines, Kansas, Abilene, Arkansas City, Atchison, Chanute, Coffeyville, Council Grove, Dodge City, Emporia, Fort Scott, Garden City, Great Bend, Hays, Hutchinson, Independence, Junction City, Kansas City, Lawrence, Leavenworth, Liberal, Manhattan, McPherson, Medicine Lodge, Newton, Olathe, Osawatomie, Ottawa, Overland Park, Pittsburg, Salina, Shawnee, Smith Center, Topeka, Wichita, Kentucky, Ashland, Barbourville, Bardstown, Berea, Boonesborough, Bowling Green, Campbellsville, Covington, Danville, Elizabethtown, Frankfort, Harlan, Harrodsburg, Hazard, Henderson, Hodgenville, Hopkinsville, Lexington, Louisville, Mayfield, Maysville, Middlesboro, Newport, Owensboro, Paducah, Paris, Richmond, Louisiana, Abbeville, Alexandria, Bastrop, Baton Rouge, Bogalusa, Bossier City, Gretna, Houma, Lafayette, Lake Charles, Monroe, Morgan City, Natchitoches, New Iberia, New Orleans, Opelousas, Ruston, Saint Martinville, Shreveport, Thibodaux, Maine, Auburn, Augusta, Bangor, Bar Harbor, Bath, Belfast, Biddeford, Boothbay Harbor, Brunswick, Calais, Caribou, Castine, Eastport, Ellsworth, Farmington, Fort Kent, Gardiner, Houlton, Kennebunkport, Kittery, Lewiston, Lubec, Machias, Orono, Portland, Presque Isle, Rockland, Rumford, Saco, Scarborough, Waterville, York, Maryland, Aberdeen, Annapolis, Baltimore, Bethesda-Chevy Chase, Bowie, Cambridge, Catonsville, College Park, Columbia, Cumberland, Easton, Elkton, Emmitsburg, Frederick, Greenbelt, Hagerstown, Hyattsville, Laurel, Oakland, Ocean City, Rockville, Saint Marys City, Salisbury, Silver Spring, Takoma Park, Towson, Westminster, Massachusetts, Abington, Adams, Amesbury, Amherst, Andover, Arlington, Athol, Attleboro, Barnstable, Bedford, Beverly, Boston, Bourne, Braintree, Brockton, Brookline, Cambridge, Canton, Charlestown, Chelmsford, Chelsea, Chicopee, Clinton, Cohasset, Concord, Danvers, Dartmouth, Dedham, Dennis, Duxbury, Eastham, Edgartown, Everett, Fairhaven, Fall River, Falmouth, Fitchburg, Framingham, Gloucester, Great Barrington, Greenfield, Groton, Harwich, Haverhill, Hingham, Holyoke, Hyannis, Ipswich, Lawrence, Lenox, Leominster, Lexington, Lowell, Ludlow, Lynn, Malden, Marblehead, Marlborough, Medford, Milton, Nahant, Natick, New Bedford, Newburyport, Newton, North Adams, Northampton, Norton, Norwood, Peabody, Pittsfield, Plymouth, Provincetown, Quincy, Randolph, Revere, Salem, Sandwich, Saugus, Somerville, South Hadley, Springfield, Stockbridge, Stoughton, Sturbridge, Sudbury, Taunton, Tewksbury, Truro, Watertown, Webster, Wellesley, Wellfleet, West Bridgewater, West Springfield, Westfield, Weymouth, Whitman, Williamstown, Woburn, Woods Hole, Worcester, Michigan, Adrian, Alma, Ann Arbor, Battle Creek, Bay City, Benton Harbor, Bloomfield Hills, Cadillac, Charlevoix, Cheboygan, Dearborn, Detroit, East Lansing, Eastpointe, Ecorse, Escanaba, Flint, Grand Haven, Grand Rapids, Grayling, Grosse Pointe, Hancock, Highland Park, Holland, Houghton, Interlochen, Iron Mountain, Ironwood, Ishpeming, Jackson, Kalamazoo, Lansing, Livonia, Ludington, Mackinaw City, Manistee, Marquette, Menominee, Midland, Monroe, Mount Clemens, Mount Pleasant, Muskegon, Niles, Petoskey, Pontiac, Port Huron, Royal Oak, Saginaw, Saint Ignace, Saint Joseph, Sault Sainte Marie, Traverse City, Trenton, Warren, Wyandotte, Ypsilanti, Minnesota, Albert Lea, Alexandria, Austin, Bemidji, Bloomington, Brainerd, Crookston, Duluth, Ely, Eveleth, Faribault, Fergus Falls, Hastings, Hibbing, International Falls, Little Falls, Mankato, Minneapolis, Moorhead, New Ulm, Northfield, Owatonna, Pipestone, Red Wing, Rochester, Saint Cloud, Saint Paul, Sauk Centre, South Saint Paul, Stillwater, Virginia, Willmar, Winona, Mississippi, Bay Saint Louis, Biloxi, Canton, Clarksdale, Columbia, Columbus, Corinth, Greenville, Greenwood, Grenada, Gulfport, Hattiesburg, Holly Springs, Jackson, Laurel, Meridian, Natchez, Ocean Springs, Oxford, Pascagoula, Pass Christian, Philadelphia, Port Gibson, Starkville, Tupelo, Vicksburg, West Point, Yazoo City, Missouri, Boonville, Branson, Cape Girardeau, Carthage, Chillicothe, Clayton, Columbia, Excelsior Springs, Ferguson, Florissant, Fulton, Hannibal, Independence, Jefferson City, Joplin, Kansas City, Kirksville, Lamar, Lebanon, Lexington, Maryville, Mexico, Monett, Neosho, New Madrid, Rolla, Saint Charles, Saint Joseph, Saint Louis, Sainte Genevieve, Salem, Sedalia, Springfield, Warrensburg, West Plains, Montana, Anaconda, Billings, Bozeman, Butte, Dillon, Fort Benton, Glendive, Great Falls, Havre, Helena, Kalispell, Lewistown, Livingston, Miles City, Missoula, Virginia City, Nebraska, Beatrice, Bellevue, Boys Town, Chadron, Columbus, Fremont, Grand Island, Hastings, Kearney, Lincoln, McCook, Minden, Nebraska City, Norfolk, North Platte, Omaha, Plattsmouth, Red Cloud, Sidney, Nevada, Boulder City, Carson City, Elko, Ely, Fallon, Genoa, Goldfield, Henderson, Las Vegas, North Las Vegas, Reno, Sparks, Virginia City, Winnemucca, New Hampshire, Berlin, Claremont, Concord, Derry, Dover, Durham, Exeter, Franklin, Hanover, Hillsborough, Keene, Laconia, Lebanon, Manchester, Nashua, Peterborough, Plymouth, Portsmouth, Rochester, Salem, Somersworth, New Jersey, Asbury Park, Atlantic City, Bayonne, Bloomfield, Bordentown, Bound Brook, Bridgeton, Burlington, Caldwell, Camden, Cape May, Clifton, Cranford, East Orange, Edison, Elizabeth, Englewood, Fort Lee, Glassboro, Hackensack, Haddonfield, Hoboken, Irvington, Jersey City, Lakehurst, Lakewood, Long Beach, Long Branch, Madison, Menlo Park, Millburn, Millville, Montclair, Morristown, Mount Holly, New Brunswick, New Milford, Newark, Ocean City, Orange, Parsippany–Troy Hills, Passaic, Paterson, Perth Amboy, Plainfield, Princeton, Ridgewood, Roselle, Rutherford, Salem, Somerville, South Orange Village, Totowa, Trenton, Union, Union City, Vineland, Wayne, Weehawken, West New York, West Orange, Willingboro, Woodbridge, New Mexico, Acoma, Alamogordo, Albuquerque, Artesia, Belen, Carlsbad, Clovis, Deming, Farmington, Gallup, Grants, Hobbs, Las Cruces, Las Vegas, Los Alamos, Lovington, Portales, Raton, Roswell, Santa Fe, Shiprock, Silver City, Socorro, Taos, Truth or Consequences, Tucumcari, New York, Albany, Amsterdam, Auburn, Babylon, Batavia, Beacon, Bedford, Binghamton, Bronx, Brooklyn, Buffalo, Chautauqua, Cheektowaga, Clinton, Cohoes, Coney Island, Cooperstown, Corning, Cortland, Crown Point, Dunkirk, East Aurora, East Hampton, Eastchester, Elmira, Flushing, Forest Hills, Fredonia, Garden City, Geneva, Glens Falls, Gloversville, Great Neck, Hammondsport, Harlem, Hempstead, Herkimer, Hudson, Huntington, Hyde Park, Ilion, Ithaca, Jamestown, Johnstown, Kingston, Lackawanna, Lake Placid, Levittown, Lockport, Mamaroneck, Manhattan, Massena, Middletown, Mineola, Mount Vernon, New Paltz, New Rochelle, New Windsor, New York City, Newburgh, Niagara Falls, North Hempstead, Nyack, Ogdensburg, Olean, Oneida, Oneonta, Ossining, Oswego, Oyster Bay, Palmyra, Peekskill, Plattsburgh, Port Washington, Potsdam, Poughkeepsie, Queens, Rensselaer, Rochester, Rome, Rotterdam, Rye, Sag Harbor, Saranac Lake, Saratoga Springs, Scarsdale, Schenectady, Seneca Falls, Southampton, Staten Island, Stony Brook, Stony Point, Syracuse, Tarrytown, Ticonderoga, Tonawanda, Troy, Utica, Watertown, Watervliet, Watkins Glen, West Seneca, White Plains, Woodstock, Yonkers, North Carolina, Asheboro, Asheville, Bath, Beaufort, Boone, Burlington, Chapel Hill, Charlotte, Concord, Durham, Edenton, Elizabeth City, Fayetteville, Gastonia, Goldsboro, Greensboro, Greenville, Halifax, Henderson, Hickory, High Point, Hillsborough, Jacksonville, Kinston, Kitty Hawk, Lumberton, Morehead City, Morganton, Nags Head, New Bern, Pinehurst, Raleigh, Rocky Mount, Salisbury, Shelby, Washington, Wilmington, Wilson, Winston-Salem, North Dakota, Bismarck, Devils Lake, Dickinson, Fargo, Grand Forks, Jamestown, Mandan, Minot, Rugby, Valley City, Wahpeton, Williston, Ohio, Akron, Alliance, Ashtabula, Athens, Barberton, Bedford, Bellefontaine, Bowling Green, Canton, Chillicothe, Cincinnati, Cleveland, Cleveland Heights, Columbus, Conneaut, Cuyahoga Falls, Dayton, Defiance, Delaware, East Cleveland, East Liverpool, Elyria, Euclid, Findlay, Gallipolis, Greenville, Hamilton, Kent, Kettering, Lakewood, Lancaster, Lima, Lorain, Mansfield, Marietta, Marion, Martins Ferry, Massillon, Mentor, Middletown, Milan, Mount Vernon, New Philadelphia, Newark, Niles, North College Hill, Norwalk, Oberlin, Painesville, Parma, Piqua, Portsmouth, Put-in-Bay, Salem, Sandusky, Shaker Heights, Springfield, Steubenville, Tiffin, Toledo, Urbana, Warren, Wooster, Worthington, Xenia, Yellow Springs, Youngstown, Zanesville, Oklahoma, Ada, Altus, Alva, Anadarko, Ardmore, Bartlesville, Bethany, Chickasha, Claremore, Clinton, Cushing, Duncan, Durant, Edmond, El Reno, Elk City, Enid, Eufaula, Frederick, Guthrie, Guymon, Hobart, Holdenville, Hugo, Lawton, McAlester, Miami, Midwest City, Moore, Muskogee, Norman, Oklahoma City, Okmulgee, Pauls Valley, Pawhuska, Perry, Ponca City, Pryor, Sallisaw, Sand Springs, Sapulpa, Seminole, Shawnee, Stillwater, Tahlequah, The Village, Tulsa, Vinita, Wewoka, Woodward, Oregon, Albany, Ashland, Astoria, Baker City, Beaverton, Bend, Brookings, Burns, Coos Bay, Corvallis, Eugene, Grants Pass, Hillsboro, Hood River, Jacksonville, John Day, Klamath Falls, La Grande, Lake Oswego, Lakeview, McMinnville, Medford, Newberg, Newport, Ontario, Oregon City, Pendleton, Port Orford, Portland, Prineville, Redmond, Reedsport, Roseburg, Salem, Seaside, Springfield, The Dalles, Tillamook, Pennsylvania, Abington, Aliquippa, Allentown, Altoona, Ambridge, Bedford, Bethlehem, Bloomsburg, Bradford, Bristol, Carbondale, Carlisle, Chambersburg, Chester, Columbia, Easton, Erie, Franklin, Germantown, Gettysburg, Greensburg, Hanover, Harmony, Harrisburg, Hazleton, Hershey, Homestead, Honesdale, Indiana, Jeannette, Jim Thorpe, Johnstown, Lancaster, Lebanon, Levittown, Lewistown, Lock Haven, Lower Southampton, McKeesport, Meadville, Middletown, Monroeville, Nanticoke, New Castle, New Hope, New Kensington, Norristown, Oil City, Philadelphia, Phoenixville, Pittsburgh, Pottstown, Pottsville, Reading, Scranton, Shamokin, Sharon, State College, Stroudsburg, Sunbury, Swarthmore, Tamaqua, Titusville, Uniontown, Warren, Washington, West Chester, Wilkes-Barre, Williamsport, York, Rhode Island, Barrington, Bristol, Central Falls, Cranston, East Greenwich, East Providence, Kingston, Middletown, Narragansett, Newport, North Kingstown, Pawtucket, Portsmouth, Providence, South Kingstown, Tiverton, Warren, Warwick, Westerly, Wickford, Woonsocket, South Carolina, Abbeville, Aiken, Anderson, Beaufort, Camden, Charleston, Columbia, Darlington, Florence, Gaffney, Georgetown, Greenville, Greenwood, Hartsville, Lancaster, Mount Pleasant, Myrtle Beach, Orangeburg, Rock Hill, Spartanburg, Sumter, Union, South Dakota, Aberdeen, Belle Fourche, Brookings, Canton, Custer, De Smet, Deadwood, Hot Springs, Huron, Lead, Madison, Milbank, Mitchell, Mobridge, Pierre, Rapid City, Sioux Falls, Spearfish, Sturgis, Vermillion, Watertown, Yankton, Tennessee, Alcoa, Athens, Chattanooga, Clarksville, Cleveland, Columbia, Cookeville, Dayton, Elizabethton, Franklin, Gallatin, Gatlinburg, Greeneville, Jackson, Johnson City, Jonesborough, Kingsport, Knoxville, Lebanon, Maryville, Memphis, Morristown, Murfreesboro, Nashville, Norris, Oak Ridge, Shelbyville, Tullahoma, Texas, Abilene, Alpine, Amarillo, Arlington, Austin, Baytown, Beaumont, Big Spring, Borger, Brownsville, Bryan, Canyon, Cleburne, College Station, Corpus Christi, Crystal City, Dallas, Del Rio, Denison, Denton, Eagle Pass, Edinburg, El Paso, Fort Worth, Freeport, Galveston, Garland, Goliad, Greenville, Harlingen, Houston, Huntsville, Irving, Johnson City, Kilgore, Killeen, Kingsville, Laredo, Longview, Lubbock, Lufkin, Marshall, McAllen, McKinney, Mesquite, Midland, Mission, Nacogdoches, New Braunfels, Odessa, Orange, Pampa, Paris, Pasadena, Pecos, Pharr, Plainview, Plano, Port Arthur, Port Lavaca, Richardson, San Angelo, San Antonio, San Felipe, San Marcos, Sherman, Sweetwater, Temple, Texarkana, Texas City, Tyler, Uvalde, Victoria, Waco, Weatherford, Wichita Falls, Ysleta, Utah, Alta, American Fork, Bountiful, Brigham City, Cedar City, Clearfield, Delta, Fillmore, Green River, Heber City, Kanab, Layton, Lehi, Logan, Manti, Moab, Monticello, Murray, Nephi, Ogden, Orderville, Orem, Panguitch, Park City, Payson, Price, Provo, Saint George, Salt Lake City, Spanish Fork, Springville, Tooele, Vernal, Vermont, Barre, Bellows Falls, Bennington, Brattleboro, Burlington, Essex, Manchester, Middlebury, Montpelier, Newport, Plymouth, Rutland, Saint Albans, Saint Johnsbury, Sharon, Winooski, Virginia, Abingdon, Alexandria, Bristol, Charlottesville, Chesapeake, Danville, Fairfax, Falls Church, Fredericksburg, Hampton, Hanover, Hopewell, Lexington, Lynchburg, Manassas, Martinsville, New Market, Newport News, Norfolk, Petersburg, Portsmouth, Reston, Richmond, Roanoke, Staunton, Suffolk, Virginia Beach, Waynesboro, Williamsburg, Winchester, Washington, Aberdeen, Anacortes, Auburn, Bellevue, Bellingham, Bremerton, Centralia, Coulee Dam, Coupeville, Ellensburg, Ephrata, Everett, Hoquiam, Kelso, Kennewick, Longview, Moses Lake, Oak Harbor, Olympia, Pasco, Point Roberts, Port Angeles, Pullman, Puyallup, Redmond, Renton, Richland, Seattle, Spokane, Tacoma, Vancouver, Walla Walla, Wenatchee, Yakima, West Virginia, Bath, Beckley, Bluefield, Buckhannon, Charles Town, Charleston, Clarksburg, Elkins, Fairmont, Grafton, Harpers Ferry, Hillsboro, Hinton, Huntington, Keyser, Lewisburg, Logan, Martinsburg, Morgantown, Moundsville, New Martinsville, Parkersburg, Philippi, Point Pleasant, Princeton, Romney, Shepherdstown, South Charleston, Summersville, Weirton, Welch, Wellsburg, Weston, Wheeling, White Sulphur Springs, Williamson, Wisconsin, Appleton, Ashland, Baraboo, Belmont, Beloit, Eau Claire, Fond du Lac, Green Bay, Hayward, Janesville, Kenosha, La Crosse, Lake Geneva, Madison, Manitowoc, Marinette, Menasha, Milwaukee, Neenah, New Glarus, Oconto, Oshkosh, Peshtigo, Portage, Prairie du Chien, Racine, Rhinelander, Ripon, Sheboygan, Spring Green, Stevens Point, Sturgeon Bay, Superior, Waukesha, Wausau, Wauwatosa, West Allis, West Bend, Wisconsin Dells, Wyoming, Buffalo, Casper, Cheyenne, Cody, Douglas, Evanston, Gillette, Green River, Jackson, Lander, Laramie, Newcastle, Powell, Rawlins, Riverton, Rock Springs, Sheridan, Ten Sleep, Thermopolis, Torrington, Worland. (https://www.britannica.com/topic/list-of-cities-and-towns-in-the-United-States-2023068)  

Why do I require the other parent’s Consent to relocate to the United States of America?

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 the United States of America. 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 the United States of America. Even if the minor child only wants to go for a short holiday to the United States of America, both guardians’ Consent would be required.

When would the other parent be seen as a guardian in the case of a relocation matter to the United States of America?

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 the United States of America. 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 the United States of America.

Mother’s Consent for relocation of the minor child to the United States of America

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 the United States of America, 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 the United States of America

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 the United States of America. 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 the United States of America.

Consent of unmarried fathers for the relocation of their minor children to the United States of America.

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 the United States of America?

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 the United States of America, 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 the United States of America, then the Court will make an Order similar to that which is shown below. [caption id="attachment_10842" align="alignnone" width="672"]Relocation consent Court Order for minor child to the United States of America- USA - Advocate Muhammad Abduroaf Relocation consent Court Order for minor child to the United States of America- USA – Advocate Muhammad Abduroaf[/caption] [caption id="attachment_10843" align="alignnone" width="660"]Relocation consent Court Order for minor child to the United States of America- USA - Advocate Muhammad Abduroaf Relocation consent Court Order for minor child to the United States of America- USA – Advocate Muhammad Abduroaf[/caption]  

Posted on by Telelaw

Do you require a video legal advice consultation?

Click here and schedule one today!