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Legal Advice and Services Throughout South Africa
business legal, legal compliance, legal drafting, business contracts, family law
Parents often decide to relocate with their minor children. However, they do not always understand the legal requirements and implications involved. For example, can they just leave the country with the minor child or do they require the other parents’ consent? Furthermore, if consent is required and refused; what are the remedies available to that parent? With regard to the issue of moving from one province to another, unless a court order stipulates otherwise, consent is not required. However, the relocation from one province to another could have an effect on existing parental responsibilities and rights. Under these circumstances, a variation of the court order would be warranted. There are therefore also other issues involved when it comes to relocation. For example, what contact would the other parent who remains in South Africa have to the minor children after relocation? The aforementioned questions and a range of other related questions may be posed and answered below. Feel free to post your question should this blog post not have answered it.If a parent refuses to provide the necessary consent for relocation to another country, in this case, Germany, then the Court must be approached. Basically, you would ask the court to dispense with the requirement of the father’s consent. The court would determine the case based on what is best for the minor children involved.You may relocate with your minor child to Canada, the United States, or to any other country if you have the father’s consent. However, consent is not always required if the father does not have guardianship rights. If you were married to the father or he was involved in the child’s life, by visiting and paying maintenance, then his consent would be required.In terms of South African law, both guardians’ consent is required for a child applying for a passport. Therefore, if the father is a holder of guardianship, his consent is required. The Department of Home Affairs may insist on the father being present at their offices to give consent.A parent (in this case the mother) has to always act in the child’s best interest. However, under certain circumstances, the mother may have to move to a different province or to another country. Under those circumstances, the court would look at what is best for the minor child. Should the child remain in the province or in the country with the other parent who cannot care for him or her? Obviously not, unless the situation warrants it. Those are the factors that the court would have to look at.A mother cannot terminate a father’s parental rights and responsibilities. Even if she moves overseas, she can’t. Only a court of law can do that. However, it is possible under certain circumstances that the father does not have parental responsibilities and rights. In those cases, he can acquire parental responsibilities and rights if he gets involved in the child’s life. For business legal services, visit Private Legal.