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

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What are twenty (20) common legal questions and answers in South Africa?

While legal questions can vary depending on country and circumstances, here are 20 common legal questions and brief answers. Keep in mind that these responses are general and may not cover all aspects of the law. If you have specific legal concerns, it’s always advisable to consult with a qualified attorney or advocate.

  1. What should I do if I’m involved in a car accident?

    • Answer: Ensure everyone is safe, call the police, exchange information with the other party, and document the scene.

  2. How do I create a legally binding contract?

    • Answer: Include offer, acceptance, consideration, legality, capacity, and intention to create legal relations.

  3. What is the process for filing for divorce?

    • Answer: It generally involves filing a Summons, serving the other party, and going through court proceedings.

  4. How can I protect my intellectual property?

    • Answer: Register trademarks, patents, or copyrights depending on the type of intellectual property.

  5. What is the difference between a will and a living will?

    • Answer: A will outlines distribution of assets after death; a living will expresses medical treatment preferences.

  6. How can I start a small business legally?

    • Answer: Register your business, obtain necessary licenses, and comply with tax regulations.

  7. What are my rights if I’m arrested?

    • Answer: You have the right to remain silent, the right to an attorney, and the right to a fair trial.
  8. How does insolvency work?
    • Answer: It generally involves the filing of a Court Application, attending a meeting of creditors, and the discharge of debts.

  9. Can I be fired without cause?

    • Answer: No

  10. What is the process for adopting a child?

    • Answer: It involves an application to the Children’s Court, where an adoption social worker gets involved. The process is outlined in the Children’s Act.

  11. What rights do tenants have?

    • Answer: Rights include the right to a habitable dwelling, privacy, and protection from unlawful eviction.

  12. How do I deal with workplace discrimination?

    • Answer: Document incidents, report to HR, and consult an employment lawyer if necessary.

  13. What steps should I take after being injured in a slip and fall accident?

    • Answer: Seek medical attention, document the scene, and consult with an attorney or advocate.

  14. Can I represent myself in court?

    • Answer: Yes, but it’s often advisable to seek legal representation for complex matters.

  15. What is the process for obtaining a patent?

    • Answer: File a patent application with the relevant patent office.
  16. What age is a child an adult?
    • Answer: 18
  17. Where do I get divorced?
    • Answer: You start the process by issuing a Summons out of the Court.

  18. How can I dispute a traffic ticket?

    • Answer: Follow the procedures outlined on the ticket, gather evidence, and consider consulting with an attorney or advocate.

  19. What rights do I have when stopped by the police?

    • Answer: You have the right to remain silent, the right to refuse searches, and the right to an attorney.

  20. How do I start the process of creating a will?

    • Answer: Consult with an attorney, list your assets, and specify your wishes for distribution. You can also do it on your own if you know what you are doing.

Posted on by Telelaw

Relocation with my minor child to Mexico, Cancún (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 Cancún, Mexico

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 three or four) 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 Paarl or Musina, South Africa, and you want to relocate to Cancún, Mexico, 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 Cancún, Mexico?

The same applies when it comes to your minor child applying for a South African passport to relocate to Mexico, 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 Cancún, Mexico with my minor child? There is there another parent.

To simplify the process for relocation, the first step would be to receive the other parent’s consent in principle for the relocation and that he or she will co-operate in this regard. Once that has been resolved, the parent relocating would need to make the appointment for the minor child’s passport application as well as the application for the relevant VISA. Each country has different requirements; however, seeing that it is a relocation, you need to apply for the correct VISA. For that, you need the Passport. Once the visa and travel arrangements have been finalised, the parent remaining behind will sign a parental consent letter for the international travel. That letter can be found on the Department of Home Affairs website. Basically, the parent remaining behind would state that he or she gives consent for the minor child to leave the Republic of South Africa and travel and/or relocate to Cancún, Mexico.

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

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 Cancún, Mexico, 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 Cancún, Mexico. 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 Cancún, Mexico, 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 Cancún, Mexico?

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

If you require legal assistance or representation with relocating to Cancún, Mexico 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