Top tips from a Senior Family Law Advocate on how to deal with your Child Custody matter in the Seshego Children’s Court Family law legal matters can be very stressful. This is so whether you live in Seshego or any other city in South Africa. Especially so if you Continue Reading
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I am a Muslim and married. What is the best legal advice you can provide to a Muslim Couple getting divorced in South Africa?
Although Muslim marriages in South Africa are not formally legislated yet, Muslims married in terms of Muslim Rites are afforded broad recognition and protection when it comes to the enforcement of their rights. However, until such time that parliament passes laws that deal explicitly with Muslim marriages and the legal consequence thereof, South Africans would be dependent on Courts to enforce their rights. It should also be noted that if a South African Court makes a ruling that affects Muslim marriages, it does not mean that the Court ruling is Shariah Compliant. The laws of Islam cannot be tainted by secular Courts, no matter how good their intentions are. Therefore, before approaching a South African court to deal with an aspect of your Islamic marriage, ensure that you first obtain the proper Sharia advice.When is the best time to seek legal advice from an attorney or advocate if I want to divorce my spouse?
The best time to seek legal advice is before the actual talaq of faskh. You would then know your rights regarding your property, personal maintenance (alimony), child maintenance, child custody and so on. You and your spouse can then discuss these issues and come to an amicable agreement. This is the first prize, as no one wants to spend money on lawyers’ fees to resolve simple issues after divorce. It may be ideal to utilise an attorney’s services or advocate to draft a legally binding settlement agreement. If you and your spouse cannot agree regarding the item mentioned above, then unfortunately, those issues would have to be resolved in a court of law. This is what this article deals with.How do we best deal with the issue of jointly owned property after the Islamic Divorce?
If you and your spouse own jointly owned property, for example, a house, you can continue owing it together after the marriage. However, if one of you wants to sell it and the other does not, you would need to approach the High Court to terminate the joint ownership. This can be a very long and expensive process. It would entail applying to the court for an order outlining how the property must be sold. It may first be sold via private sale and, if not possible, via a public auction. The court can also order how the proceeds should be divided. It is best to consult with an attorney or advocate in this regard.What is the best way to resolve care and contact issues regarding minor children after a talaq or faskh?
For any legal matter, it is best to resolve issues without the need to approach a Court of Law. In the case of a Muslim marriage where there are minor children involved, it may be the best option. This is because children are negatively affected if parents litigate over them. However, it must be done if it is the only option because parents cannot see eye to eye. However, before considering litigation regarding your children, it is best to try to mediate the dispute. We suggest using a professional like a social worker, psychologist, or suitably qualified person to resolve the dispute. Most of the time, it works.How do I apply to the Children’s Court for contact with my child?
To apply for child custody in South Africa, you may approach the Children’s Court in the area where the child resides or where the custody dispute arose. The process involves completing a form, which can be obtained from the court or downloaded from the Department of Justice and Constitutional Development’s website. You must provide details of yourself, the child, and the person you claim custody. It would be best to give reasons for your claim and any evidence that may support your case. Once the application has been submitted, the court will set a hearing date, and both parties must attend. At the hearing, the court will consider the best interests of the child and may also appoint a social worker to investigate and report on the child’s circumstances. The court may also order mediation to try and resolve the dispute amicably. It is important to note that custody disputes can be emotionally draining and stressful for all parties involved, especially the child. It is, therefore, advisable to seek legal advice and support from a family law attorney or advocate who can guide you through the process and ensure that your rights and the child’s best interests are protected.What is the best way to resolve child maintenance issues regarding minor children after a talaq or faskh?
In South Africa, each parent must maintain their child according to their mean. This applies to all parents, whether or not they were married to each other in terms of Muslim Rites, Civil law, or not married at all. Before parents venture into a Faskh or Talaq, they need to discuss whether they will be paying for the minor children after they divorce. They must discuss who will pay the school fees, extra-mural, and medical expenses. If the child will be living with the mother primarily, then the father would need to pay the mother cash maintenance as well. This needs to be resolved as soon as possible. If the parents cannot resolve the issues regarding child maintenance amounts themselves, the parent claiming maintenance would need to approach the maintenance court as soon as possible. There is no need to wait until the marriage has first been resolved.How do I apply for Child Maintenance if I am married Islamically?
The process to apply for child maintenance is the same for everyone. Whether or not you are married or not.
You would need to approach the maintenance court in the area where the child resides or where the maintenance defaulter resides. The process involves completing a form which can be obtained from the court or downloaded from the Department of Justice and Constitutional Development’s website. You must provide details of yourself, the child, and the person you are claiming maintenance from. You will also need to provide proof of your income, the expenses incurred for the child, and the expenses of the person from whom you are claiming maintenance. Once the application has been submitted, the court will set a hearing date, and both parties must attend. At the hearing, the court will consider the financial circumstances of both parties and make a maintenance order, which will determine the amount of maintenance that needs to be paid.I require legal assistance after my Talaq or Faskh. What is the best way to obtain legal advice or assistance?
If you require legal advice or assistance before or after your Talaq or Faskh, schedule an appointment using the link www.ourlaywer.co.za/advice. We would be able to advise and assist you where necessary.
I am a Muslim and married. What is the best legal advice you can provide to a Muslim Couple getting divorced in South Africa? Although Muslim marriages in South Africa are not formally legislated yet, Muslims married in terms of Muslim Rites are afforded broad recognition and protection when it Continue Reading
I require a law firm to assist me in my Child Maintenance matter.
What are your contact details?
If you require an Advocate Law Firm to assist you in your legal matter, feel free to contact us using the following details:- Tel.: 021 111 0090
- Email.: [email protected]
We service clients throughout South Africa. These include: Cape Town Rustenburg Kimberley East London Nelspruit Polokwane Pietermaritzburg Bloemfontein Port Elizabeth Pretoria Durban Johannesburg
I require a law firm to assist me in my Child Maintenance matter. What are your contact details? If you require an Advocate Law Firm to assist you in your legal matter, feel free to contact us using the following details: Tel.: 021 111 0090 Email.: [email protected] We service clients Continue Reading
Family Law Service – Advocate Muhammad Abduroaf – Finding the best lawyer for you.
Choosing the right law firm (Attorney or Advocate) can be a daunting task in the intricate landscape of legal matters. Whether you’re facing a complex litigation case, navigating corporate law, or seeking legal assistance for personal issues, the decision of which law firm to engage is crucial. At the firm Advocate Muhammad Abduroaf, we understand the significance of this decision, and we aim to demonstrate why choosing our firm can make all the difference.Expertise and Specialisation
One of the primary reasons for choosing our law firm is our expertise and specialisation in diverse legal areas. As you can see from this website, Advocate Muhammad Abduroaf practices in various fields of law. This breadth of expertise ensures that no matter the nature of your legal issue, you will have access to knowledgeable and experienced professionals who can provide tailored solutions.Personalised Approach
We recognise that every client and every case is unique. That’s why we prioritise a personalised approach to legal representation. From the moment you engage our services, we take the time to understand your specific needs, concerns, and objectives. This allows us to develop strategies and solutions customised to your circumstances, ensuring the best possible outcome for your case.Commitment to Excellence
At Advocate Muhammad Abduroaf, excellence is not just a goal – it’s our standard. We are committed to providing our clients with the highest quality legal services, characterized by thorough research, meticulous attention to detail, and strategic thinking. Our track record of success speaks for itself, with numerous satisfied clients who have benefited from our dedication to excellence.Responsive and Accessible
Legal matters can be stressful and overwhelming, so we prioritise responsiveness and accessibility. Our team is readily available to address your questions, concerns, and needs throughout your case. Whether you prefer to communicate via phone, WhatsApp, email, or in-person meetings, we are here to provide you with the support and guidance you need when you need it.Cost-Effective Solutions
Legal representation shouldn’t break the bank. That’s why we are committed to providing cost-effective solutions that deliver value for our clients. We offer transparent billing practices and strive to minimise unnecessary expenses wherever possible, ensuring you receive top-notch legal services without the hefty price tag.Ethical and Professional Conduct
Integrity and ethics are at the core of everything we do. Our team adheres to the highest standards of professional conduct, ensuring your case is handled with the utmost integrity, honesty, and discretion. You can trust that your legal matters will be handled with care and respect, and your confidentiality will always be protected. In conclusion, choosing the right law firm can significantly impact the outcome of your legal matters. At Advocate Muhammad Abduroaf, we offer expertise, specialisation, personalised service, commitment to excellence, responsiveness, cost-effective solutions, and ethical conduct. These qualities set us apart and make us the ideal choice for clients seeking top-notch legal representation. Contact us today to learn how we can assist you with your legal needs. If you require an Advocate Law Firm to assist you in your legal matter, feel free to contact us using the following details:- Tel.: 021 111 0090
- Email.: [email protected]
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:High Court matters
- Civil claim surrounding money;
- Interdicts;
- Divorces (Opposed and unopposed);
- Child Custody and guardianship disputes;
- Relocation of minor children;
- Various criminal matters;
- Minor children surname changes;
- Appeals and Reviews; and
- Other matters.
Magistrates Court matters
- Civil claim surrounding money;
- Various criminal matters;
- Interdicts;
- Maintenance Court matters;
- Divorces Court matters (Opposed and unopposed)’
- Children’s Court matter; and
- Other matters.
Constitutional Court
- Appeals
Supreme Court of Appeal
- Appeals and Reviews
Consult with, or Instruct Advocate Muhammad Abduroaf
If you would like to have a legal advice consultation with Advocate Muhammad Abduroaf, feel free to use the Our Lawyer online appointment form by clicking here. Should you already have consulted with Advocate Muhammad Abduroaf and wish to mandate and instruct the firm, kindly proceed with completing the mandate form using this mandate link. We service clients throughout South Africa. These include: Cape Town Rustenburg Kimberley East London Nelspruit Polokwane Pietermaritzburg Bloemfontein Port Elizabeth Pretoria Durban Johannesburg
- Tel.: 021 111 0090
- Email.: [email protected]
Family Law Service – Advocate Muhammad Abduroaf – Finding the best lawyer for you. Choosing the right law firm (Attorney or Advocate) can be a daunting task in the intricate landscape of legal matters. Whether you’re facing a complex litigation case, navigating corporate law, or seeking legal assistance for personal Continue Reading
Tricks and tips on how to win your child maintenance case
Connect with Adv. Abduroaf– Click here [caption id="attachment_7074" align="alignleft" width="269"]
Advocate Muhammad Abduroaf – Advocate of the High Court of South Africa[/caption] Child maintenance legal issues might sound simple, compare to, for example, a criminal case of fraud. However, a child maintenance case could be much more complicated, challenging and exhausting. That, however, does not have to be the case. At least not always. Find out some of the tips and tricks provided by Advocate Muhammad Abduroaf, a family law expert with more than a decade of experience in family law, and child maintenance matters. Read on to find out some tips and tricks of the trade. Valuable advice is given on what to do through the maintenance court process. Download your Child Maintenance Calculator, click here. [maxbutton id=”2″ ]Child Maintenance and Applications – How does it work?
The focus of this article is not to explain how child maintenance work, or how to apply for child maintenance. There are many articles written on that topic. But in short, parents must pay according to their means. So, if a child’s expense the month is R 60 (obviously this is a fictitious example) and the father earns R 500 a month and the mother R 250 a month, then if all else is equal, the father should contribute R 40 towards the minor child’s expenses, and the mother, R 20. Now that is the long and short of the matter. However, other factors also play a role. They include the necessary expenses of each parent, which determines how much they should contribute, as well as what assets the parents own. For example, if a father earns R 100 a month, and the mother R R800 – 00, the father would pay the majority of the minor child’s expenses if he owns other assets worth R 100 000 – 00 and the mother none. Purchase a Consultation with us from our Online Shop, by clicking here.
What are the challenges in child maintenance cases for parents?
Now we deal with the challenges. The child costs R 60 per month, but the parent who is supposed to pay maintenance, the father, in this case, is only willing to pay R 10 per month. This is what he says he can only afford and what he believes the minor child needs. He says that if he pays more, the mother would use the money for herself. But the facts as in the example above, the father earns R 500 a month and the mother, R 250. Therefore, the father should pay R 40 and not R 10 as he offers. The challenge the mother now has is to prove that the father can afford to pay R 40 and not R 10 as he offers. The mother is worried, that should she go to the maintenance court for help, she would only get R 5 because that is what the father said he will pay should she go to court. What is our advice? Go to Court!The Maintenance Court – What do they do?
If a parent does not pay reasonable child maintenance, the maintenance court can enforce compliance. This they would do through the Maintenance Court enquiry process. Once a maintenance order is made, it becomes a criminal offense not to adhere to it. The court may even issue a warrant attaching property, or salary.The maintenance investigator at the Court
Each maintenance court has a maintenance investigator. What this investigator does is gather evidence in a maintenance court case. However, in practice, no one may tell you that there is a maintenance investigator who could assist you in your case. This could be because of the huge amount of maintenance cases that come through the doors of the court.How does the maintenance court make a decision?
Now, this is where it becomes challenging. The maintenance court can only make an order against a parent if there is evidence that he or she can afford the maintenance claimed, and obviously, the amount claimed is fair. The problem in practice is, the mother alleges that the father can afford the child maintenance, but she has no concrete evidence to back it up. The father is also not forthcoming, and only shows evidence that he cannot afford the amount claimed. The mother knows that he can afford the required amount due to his standard of living and what she experienced while they lived together.What tips are there for the mother in maintenance matters?
What follows is a list of things you can do, either yourself or through the maintenance court. However please note that the court won’t entertain your application for child maintenance should it be excessive. In other words, if you know the father cannot afford the amount claimed, or that you are intentionally claiming too much; then, in that case, you would be wasting your time. If you have a legal representative, you would be wasting money as well. Purchase a Consultation with us from our Online Shop, by clicking here.Maintenance Court Investigator
Insist that the maintenance court instruct the maintenance investigator to investigate the financial affairs of the other parent. This you should even more so insist on if the father does not even provide the court with a copy of his salary slip and outline of expenses.The father’s employer
Ask the maintenance court to issue a subpoena against the father’s employer for the salary advice of the father. Also, request details of the father’s pension interest the father may have.The father’s banking account
Obtain the father’s bank statements. Here you should ask the court to subpoena various banking institutions for bank statements of the father. Bank statements hold in them valuable information about the lifestyle of a person. You may find out that the father spends half his money on his cell phone or luxury clothing. You can use this information to show the court that the father can tighten his belt and spend more money on his child. What sometimes happens is, you may find additional income coming into the father’s banking account.Father’s Credit Profile
Have the maintenance court obtain a credit profile of the father. From the profile, valuable information can be obtained. For example, where he last applied for credit, employment and residential details. If the father says he does not have money, but he applied for credit to purchase a new car, clearly there is money.Social media (Facebook, Twitter, Instagram, Pinterest etc.)
These days, many people publish their lives on social media. If the father, in this case, keeps loading pictures and posts of how he lives the good life; that information may be used to show the maintenance court that the father lives a life different than what he wants the court and you to believe. Many people also make use of LinkedIn accounts. On it, they provide updated employment details. This would be useful to show the court should the father say he is an admin clerk. but on LinkedIn tell the world he is a manager.Property Search in maintenance matters
What may be useful, is to do a property search on the father. Here you would find out what property that person owns. For example, the father may rent a house, but own a house in a different province where he obtains rent. That house he could have inherited.Other tips and tricks in child maintenance matters
Each case is different. What would work in one maintenance matter, won’t work in another. For example, if someone is self-employed, and only get paid with cash, the dynamics are different. There won’t be any bank statements or payslips. In such a case, you need to be creative. Maybe ask questions to clients of the father and find out what he does and charges. If you can obtain the names of people the father does business with; that would be very useful. You may provide that information to the maintenance court and the investigator could follow up on it. If the father sees that you are getting somewhere, he may decide to pay a fair amount.Final words in child maintenance matters
Your maintenance case is largely dependent on you proving that your child needs the requested amount. If you do not have proof, or cannot prove it, even if you show that the father can afford it, the court won’t order him to pay it. The court would only order him to pay what is fair and proved. Therefore, always ensure that you keep proof of your income and expenses up to date and ready to provide it to court. Download your Child Maintenance Calculator, click here.Have a family Law appointment with us
We have an online appointments system which enables you to save valuable time and cut straight to the chase. There is, therefore, no need for you to visit our offices (unless it is best for you to do so, or is your most preferred option).
You may set up telephonic or video consultations should you wish to do so. You can, therefore, stay in the office or on the couch in the comfort of your own home when dealing with us. We are therefore physical, online, set-up and ready to meet with you. Make your appointment online for a consultation today. If you find any of our articles, free resources and posts interesting, or possibly useful to others, please like and share it on Social Media by clicking on the icons below. Should you require any other legal services and advice, not related to family law, visit Private Legal. Or click here for the details of Cape Town Advocate, Muhammad Abduroaf. Purchase a Consultation with us from our Online Shop, by clicking here.
What are the challenges in child maintenance cases for parents?Tricks and tips on how to win your child maintenance case Connect with Adv. Abduroaf– Click here Child maintenance legal issues might sound simple, compare to, for example, a criminal case of fraud. However, a child maintenance case could be much more complicated, challenging and exhausting. That, however, does not Continue Reading
I require a law firm to assist me in my Appeal or Review matter. I feel that the judgment or ruling was unfair.
What are your contact details?
If you require an Advocate Law Firm to assist you in your legal matter, feel free to contact us using the following details:- Tel.: 021 111 0090
- Email.: [email protected]
The services you may instruct the firm of Advocate Muhammad Abduroaf to represent you in are as follows:High Court matters
- Civil claim surrounding money;
- Interdicts;
- Divorces (Opposed and unopposed);
- Child Custody and guardianship disputes;
- Relocation of minor children;
- Various criminal matters;
- Minor children surname changes;
- Appeals and Reviews; and
- Other matters.
Magistrates Court matters
- Civil claim surrounding money;
- Various criminal matters;
- Interdicts;
- Maintenance Court matters;
- Divorces Court matters (Opposed and unopposed)’
- Children’s Court matter; and
- Other matters.
Constitutional Court
- Appeals
Supreme Court of Appeal
- Appeals and Reviews
We service clients throughout South Africa. These include: Cape Town Rustenburg Kimberley East London Nelspruit Polokwane Pietermaritzburg Bloemfontein Port Elizabeth Pretoria Durban Johannesburg
I require a law firm to assist me in my Appeal or Review matter. I feel that the judgment or ruling was unfair. What are your contact details? If you require an Advocate Law Firm to assist you in your legal matter, feel free to contact us using the following Continue Reading
Passport Applications for minor children: What you need to know – Department of Home Affairs – Questions and Answers
Should you require any advice on an application for a passport of a minor, where the co-parent refuses to consent or co-operate; feel free to set up a consultation with us. You may call 0211110090 or click here to do it online.Leaving South Africa, and visiting another country is something many people do on a daily basis. The reason, therefore, could either be for a holiday, business, a death in the family, and so on. Or it might be to relocate to another country to start a new life, either alone, or with your spouse or children. Whatever the reason is, you require a passport when leaving South Africa. For an adult, all you need to do is visit your nearest Department of Home Affairs Offices, with proof of identity, and the prescribed fees, and take your picture, fingerprints, etc. However, if you are a minor child, under the age of 18, it is not that simple. You would need to go with both your parents, and they need to provide their consent.Parental Consent and Co-operation for a Passport Application of a Minor child
According to Section 18 (3) of the Children’s Act, both parent’s consent is required for a minor’s application for a passport. This is why we refer to consent and co-operation. Co-operation in the sense of going with to the Department of Home Affairs and giving the consent. Now, this can cause a problem should a parent not agree to the application for a passport. Therefore, one of two things could happen in practice should there be children involved. Either the parent would have to go overseas without the children, or not at all. Before we deal with such a scenario in detail, a bit later, let’s look at the law in a bit more detail.A child’s Constitutional right to a Passport
Our Constitution, Act 108 of 1996 is the supreme law of the Country. All laws and practices should be in line with it. Therefore, it’s always a good idea to find out what it says. Section 21(4) of our Constitution states the following: “Every citizen has the right to a passport.” This is a fundamental right. The question would then be asked, if that is a fundamental right, why would you still require both parents’ consent as stated in the Children’s Act? A possible reason for the writers of the Children’s Act to state that you require both parents’ consent is to ensure that there is no undue removal of children from the Country. Both parents should, therefore, consent to the passport, which is a key to leaving South Africa.What if a parent refuses to consent and cooperate for the application of a passport for a minor child?
Notwithstanding what section 18(3) of the Children’s Act states, section 18(5) of the same Act says that a Court can order otherwise. What this means is that if a parent does not want to consent for the Application of a passport, then the Court can Order that his or her consent is not required or dispensed with. For this, you would have to file an Application at the High Court and ask for such an Order. The powers the High Court would exercise is that of the upper guardian of all minor children within its jurisdiction. So, there it is, if consent is refused, you can approach a lawyer, who would make the necessary Application to the appropriate Court. Such an application can be expensive, especially if it is opposed. Therefore, it is best that it is avoided, by resolving issues with the other parent beforehand. But if the other parent is unreasonable, approach the Court.What does the Department of Home Affairs say?
The following are extracts from the Department of Home Affairs’ Website: “You must also note that:- All documents required for passport applications should be completed in black ink
- Husband, wife and children must all complete separate application forms. Both parents and the children concerned must be present when applying for passports for children. See exceptions under Tourist Passports: persons under 16
- Passports are issued in accordance with your names as they appear in the National Population Register (NPR) at the time of your application. Any changes to your names must be applied for, finalised and recorded in the NPR before you submit your passport application”
…“Applying for Tourist Passports: Persons under 16 years
These passports are issued to SA citizens who are 15 years or younger. The passports are valid for 5 years and are not renewable. Once the validity period of a passport expires you will have to submit a new application for a passport. To apply for the passport you must submit the following documents:- A duly completed passport application Form DHA-73
- If the parents are married, the passport application form must be signed by both parents and the child and both parents should be in attendance when the application is submitted.
- Please note that the child and both parents should be in attendance when the application is submitted to the nearest Home Affairs office or SA Mission/Consulate. If a parent cannot be in attendance, a letter of consent and copy of ID will no longer be accepted.
- If divorced and sole parental rights and responsibilities in regard to guardianship have not been granted to one parent, the child and both parents should be in attendance when the application is submitted and both must sign the application form.
- If a parent is deceased, his or her death certificate and a copy thereof must accompany the application for the passport
- In the case of minors born out of wedlock, the biological father ’s consent will also be required if any of the circumstances as outlined in section 21 of the Children’s Act, 1995, are applicable, the child and both parents should be in attendance when the application is submitted.
- If the applicant is in the care of a guardian other than the parents, proof of the High Court’s appointment must accompany the application.
- If a parent cannot be located or refuses to consent, or a dispute concerning consent arises, the matter should be referred to the Children’s Court. The Court’s decision must be submitted with the application for the passport.
- The child’s South African birth certificate and a copy thereof
- Two colour passport photographs that comply with the Passport and ID Photograph Specifications (NOT needed at smartcard offices as ID images are captured digitally)
- Payment of the prescribed passport fee”
In summary, on minor children application for a passport
Before moving onto question and answers on passport applications for minor children below. this article can be summarised as follows:- Every child has a right to a Passport;
- Both parents must visit the Department of Home Affairs when applying for the minor child’s passport. The process is outlined above; and
- If a parent refuses and does not want to co-operate for the passport application, then the High Court may be approached to dispense with that requirement.
Popular relocation countries for South Africans
If you wish to emigrate from South Africa, there are many places in this world to consider. Some would be more ideal than others. But it all depends on the reason for the relocation. Here is a list of the top countries South Africans and emigrating to:United Kingdom (UK)
Australia
United States of America (USA)
New Zealand
Canada
Angola
Botswana
Chile
Zimbabwe
Germany
Netherlands
Swaziland
Israel
Portugal
Mozambique
Ireland
Malawi
Switzerland
Namibia
Greece
What follows are questions and answers regarding Applications for Passports for Adults and Children
If you still have questions after reading the article above, and the questions and answers below, feel free to leave a comment hereunder.Can I get my child a passport without the father’s permission?
If the father is a guardian of the child, his consent is required. That is according to the Children’s Act.Do you need both parents to get a passport for a child?
Yes. As the law currently stands, you need both parent’s consent.Can a child get a passport with one parent?
No, you need both parents present when applying for a passport for a minor child.What documents are needed to renew South African passports?
Visit the Department of Home Affairs Website. Here is the link.Do both parents need to be present for a child to get a passport?
Yes, they do. Unless only one parent is a guardian.What documents required for minor’s passport?
Visit the Department of Home Affairs Website. Here is the link.Do both parents need to be present to get a passport for a child?
Yes, they do. That is the law.Do you need both parents to get a passport for a 17-year-old?
As you are still a minor at the age of 17, you require both your parents to consent to your passport application. Bot parents should also be at the Department of Home Affairs when making the Application.Can the noncustodial parent get a passport for the child?
Yes, if the parent is a guardian as well. If there is another parent too, both parents must give consent at the Department of Home Affairs.How do you get full custody of your child?
You would have to approach the Court for such an Order. The Court would have to determine whether it is in the child’s best interests. We advise you speak to a lawyer.Do you need both parents to get a passport for a 16-year-old?
As you are still a minor at the age of 16, you require both your parents to consent to your passport application. Both parents should also be at the Department of Home Affairs when making the Application.What is the validity of a minor’s passport?
Visit the Department of Home Affairs Website. Here is the link.Can I apply for a passport without a birth certificate?
Visit the Department of Home Affairs Website. Here is the link.How do you apply for a passport online?
Visit the Department of Home Affairs Website. Here is the link.Can a passport application be printed in black and white?
Visit the Department of Home Affairs Website. Here is the link.Can you travel with a passport that expires in 2 months?
Visit the Department of Home Affairs Website. Here is the link.Which documents are required for a passport after marriage?
Visit the Department of Home Affairs Website. Here is the link.What kind of pen do you use to sign a passport?
Visit the Department of Home Affairs Website. Here is the link.How fast can you get a passport?
Visit the Department of Home Affairs Website. Here is the link.How old do you have to be to get a passport without parents?
You need to be 18 years old. If you are younger, you require both your parents’ consent.Can a child leave the country without a parent?
Yes, you can, but you require their consent.Can I get my child a passport without the father’s permission?
No, you cannot. Unless he is not a guardian.Do you need both parents to get a passport for a child?
Yes, you do.Do both parents need to be present for a child to get a passport?
Yes, both parents have to be present.Do both parents have to sign for a passport for a child?
Yes, both parents have to be presented. This is the legal requirement.Can a single parent get a passport for their child?
Only in the case if the parent is the sole guardian. If not both parents must apply and consent.Do both parents need to be present to get a passport for a child?
Yes, they both do.Can a divorced parent get a passport for a child?
Yes, the parent can. However, if the other parent is also a guardian, his or her consent is also required.How much is a passport for a kid?
Visit the Department of Home Affairs Website. Here is the link.Is it illegal to have two passports from different countries?
Dual Citizenship is not illegal.Do dual citizens have two passports?
Yes, they do.Can I get my child a passport without the father’s permission?
If the father is a co-guardian, then his consent is required.
Leaving South Africa, and visiting another country is something many people do on a daily basis. The reason, therefore, could either be for a holiday, business, a death in the family, and so on. Or it might be to relocate to another country to start a new life, either alone, or with your spouse or children. Whatever the reason is, you require a passport when leaving South Africa. For an adult, all you need to do is visit your nearest Department of Home Affairs Offices, with proof of identity, and the prescribed fees, and take your picture, fingerprints, etc. However, if you are a minor child, under the age of 18, it is not that simple. You would need to go with both your parents, and they need to provide their consent.- If the parents are married, the passport application form must be signed by both parents and the child and both parents should be in attendance when the application is submitted.
- Please note that the child and both parents should be in attendance when the application is submitted to the nearest Home Affairs office or SA Mission/Consulate. If a parent cannot be in attendance, a letter of consent and copy of ID will no longer be accepted.
- If divorced and sole parental rights and responsibilities in regard to guardianship have not been granted to one parent, the child and both parents should be in attendance when the application is submitted and both must sign the application form.
- If a parent is deceased, his or her death certificate and a copy thereof must accompany the application for the passport
- In the case of minors born out of wedlock, the biological father ’s consent will also be required if any of the circumstances as outlined in section 21 of the Children’s Act, 1995, are applicable, the child and both parents should be in attendance when the application is submitted.
- If the applicant is in the care of a guardian other than the parents, proof of the High Court’s appointment must accompany the application.
- If a parent cannot be located or refuses to consent, or a dispute concerning consent arises, the matter should be referred to the Children’s Court. The Court’s decision must be submitted with the application for the passport.
In summary, on minor children application for a passportUnited Kingdom (UK)
Australia
United States of America (USA)
New Zealand
Canada
Angola
Botswana
Chile
Zimbabwe
Germany
Netherlands
Swaziland
Israel
Portugal
Mozambique
Ireland
Malawi
Switzerland
Namibia
Greece
Can I get my child a passport without the father’s permission?
If the father is a guardian of the child, his consent is required. That is according to the Children’s Act.Do you need both parents to get a passport for a child?
Yes. As the law currently stands, you need both parent’s consent.Can a child get a passport with one parent?
No, you need both parents present when applying for a passport for a minor child.What documents are needed to renew South African passports?
Visit the Department of Home Affairs Website. Here is the link.Do both parents need to be present for a child to get a passport?
Yes, they do. Unless only one parent is a guardian.What documents required for minor’s passport?
Visit the Department of Home Affairs Website. Here is the link.Do both parents need to be present to get a passport for a child?
Yes, they do. That is the law.Do you need both parents to get a passport for a 17-year-old?
As you are still a minor at the age of 17, you require both your parents to consent to your passport application. Bot parents should also be at the Department of Home Affairs when making the Application.Can the noncustodial parent get a passport for the child?
Yes, if the parent is a guardian as well. If there is another parent too, both parents must give consent at the Department of Home Affairs.How do you get full custody of your child?
You would have to approach the Court for such an Order. The Court would have to determine whether it is in the child’s best interests. We advise you speak to a lawyer.Do you need both parents to get a passport for a 16-year-old?
As you are still a minor at the age of 16, you require both your parents to consent to your passport application. Both parents should also be at the Department of Home Affairs when making the Application.What is the validity of a minor’s passport?
Can I apply for a passport without a birth certificate?
Visit the Department of Home Affairs Website. Here is the link.How do you apply for a passport online?
Visit the Department of Home Affairs Website. Here is the link.Can a passport application be printed in black and white?
Visit the Department of Home Affairs Website. Here is the link.Can you travel with a passport that expires in 2 months?
Visit the Department of Home Affairs Website. Here is the link.Which documents are required for a passport after marriage?
Visit the Department of Home Affairs Website. Here is the link.What kind of pen do you use to sign a passport?
Visit the Department of Home Affairs Website. Here is the link.How fast can you get a passport?
Visit the Department of Home Affairs Website. Here is the link.How old do you have to be to get a passport without parents?
You need to be 18 years old. If you are younger, you require both your parents’ consent.Can a child leave the country without a parent?
Yes, you can, but you require their consent.Can I get my child a passport without the father’s permission?
No, you cannot. Unless he is not a guardian.Do you need both parents to get a passport for a child?
Yes, you do.Do both parents need to be present for a child to get a passport?
Yes, both parents have to be present.Do both parents have to sign for a passport for a child?
Yes, both parents have to be presented. This is the legal requirement.Can a single parent get a passport for their child?
Only in the case if the parent is the sole guardian. If not both parents must apply and consent.Do both parents need to be present to get a passport for a child?
Yes, they both do.Can a divorced parent get a passport for a child?
Yes, the parent can. However, if the other parent is also a guardian, his or her consent is also required.How much is a passport for a kid?
Visit the Department of Home Affairs Website. Here is the link.Is it illegal to have two passports from different countries?
Do dual citizens have two passports?
Yes, they do.Can I get my child a passport without the father’s permission?
If the father is a co-guardian, then his consent is required.Passport Applications for minor children: What you need to know – Department of Home Affairs – Questions and Answers Should you require any advice on an application for a passport of a minor, where the co-parent refuses to consent or co-operate; feel free to set up a consultation with us. Continue Reading
Child Custody and Child Maintenance in divorces – Advocate Muhammad Abduroaf
In this video, Advocate Muhammad Abduroaf discusses how Child Custody and Child Maintenance Matters play a role in divorce matters. [embed]https://youtu.be/KQdiay_xru4[/embed] Family Law with Adv. Muhammad Abduroaf Visit: https://abduroaf.co.za Post your live questions on https://www.facebook.com/AdvMuhammadAbduroaf/live/ Please like the page https://www.facebook.com/AdvMuhammadAbduroaf/ for future live videos and interaction. LIVE Q&A ON FAMILY LAW WITH ADVOCATE MUHAMMAD ABDUROAF Our Lawyer (Pty) Ltd [email protected] 0211110090 Consult with us today. Visit www.ourlawyer.co.za/advice . Child Custody, Child maintenance, Domestic violence, Guardianship rights, Spousal maintenance, Divorces, Unopposed divorces, Opposed divorces, Family Law, Mediation, Family disputes, Relocation of minor children, Minor children passport application consent, Non-compliance with maintenance orders, Reduction of Maintenance Order, Increase of Maintenance Orders, Parenting Plans, Parental Plan, Custody Agreements, Custody Orders, Contempt of Court, Litigation, Antenuptial Contract, Prenuptial Contracts, Wills, Estates, Abuse, Economic Abuse, Gender-based Violence. Attorney legal services, Advocate legal services, Lawyer legal services. Online and telephonic legal advice, Eastern Cape Free State Gauteng KwaZulu-Natal Limpopo Mpumalanga Northern Cape North West Western Cape Eastern Cape Alice, Butterworth, East London, Graaff-Reinet, Grahamstown, King William’s Town, Mthatha, Port Elizabeth, Queenstown, Uitenhage, Zwelitsha Free State, Bethlehem, Bloemfontein, Jagersfontein, Kroonstad, Odendaalsrus, Parys, Phuthaditjhaba, Sasolburg, Virginia, Welkom, Gauteng Benoni, Boksburg, Brakpan, Carletonville, Germiston, Johannesburg, Krugersdorp, Pretoria, Randburg, Randfontein, Roodepoort, Soweto, Springs, Vanderbijlpark, Vereeniging, KwaZulu-Natal Durban, Empangeni, Ladysmith, Newcastle, Pietermaritzburg, Pinetown, Ulundi, Umlazi, Limpopo, Giyani, Lebowakgomo, Musina, Phalaborwa, Polokwane, Seshego, Sibasa, Thabazimbi Mpumalanga, Emalahleni, Nelspruit, Secunda, North West, Klerksdorp, Mahikeng, Mmabatho, Potchefstroom, Rustenburg, Northern Cape, Kimberley, Kuruman, Port Nolloth Western Cape Bellville, Cape Town, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester Contact us today. #advocate #familylaw #lawyer #attorney #legal #court #child #custody #divorce #relocation #guardianship
Child Custody and Child Maintenance in divorces – Advocate Muhammad Abduroaf In this video, Advocate Muhammad Abduroaf discusses how Child Custody and Child Maintenance Matters play a role in divorce matters. Family Law with Adv. Muhammad Abduroaf Visit: https://abduroaf.co.za Post your live questions on https://www.facebook.com/AdvMuhammadAbduroaf/live/ Please like the page Continue Reading
The Court Order says my minor child’s mother has custody, but my daughter primarily lived with me since she was a toddler. What can I do to legalise the situation? The mother is now demanding that the order now be followed – 5 years later.
[video width="1920" height="1080" mp4="https://www.ourlawyer.co.za/wp-content/uploads/Child-Custody-Visitation-and-Contact.mp4"][/video] At the time of a divorce or separation, the parents of a minor child would usually agree on where the minor child would primarily reside. If they cannot come to an agreement, the Court would make that decision for them. If the parents were never married, one of them may have approached the Court. This is to deal with their parental responsibilities and rights.Parents not following Court Order
What often happens is a Court would order that one parent has primary care over a minor child, but that specific parent does not take on that responsibility. In other words, the minor child would live primarily with the parent who does not have custody. The parent who has custody would then only occasionally have contact with the minor child. This is so despite the Court Order stating that the minor child should primarily live with him or her. This becomes problematic, as the Court Order says one thing, but the parents are doing the opposite. Parenting disagreements despite a Court Order
Should the parents come to a disagreement in the future, the parent who has primary care in terms of a Court Order may demand to exercise his or her rights as the primary caregiver. The parent who has primary care in terms of the Court Order may even threaten to take legal action to enforce the Order. This situation may be problematic as the minor child may have been living for a very long time with the non-custodial parent, enrolled in the nearby school, have friends there, etc. This would all be uprooted should the order now be followed many years later. The minor child would have to be enrolled in a new school, and furthermore, the new home may not be adequate for the minor child’s needs.The Child Custody Court Order and its compliance
Once a Court makes an order, it should be complied with. Nothing less applies in the case of a Court order regarding a minor child. Once the minor child becomes an adult, the order basically falls away, unless they are provisions that still lives on. For example, a provision that states that child maintenance should be paid to the mother until the minor child turns 21 or is self-supporting, and so on. But should the child be a minor (under the age of 18 years old), the parental responsibilities and rights as outlined in the Court order would usually apply. Therefore, unless the Court order lapsed, it needs to be complied with. What can a parent do under the latter situation?
The first port of call would be to have a look at the Court order and see what it obliges the parents to do in this situation. This can either be facilitation or mediation. If that fails, or no such provision exists, then making an application to the Court to vary the Order would be the appropriate remedy. This basically entails filing a Notice of Motion, attached to it, a Founding Affidavit. The Notice of Motion will state what you want. The Founding Affidavit would state the facts substantiating the relief you are looking for.The relief sought
The relief a parent may want from the Court would be that a certain clause in the Court Order is varied. It should state that primary care is awarded to the father (or the mother as the case may be). It would further outline what contact rights the parent who had primary care in terms of the order would have. Usually, it would follow what the parties have been exercising in the past.What would the Court decide regarding custody?
[caption id="attachment_8258" align="alignleft" width="476"]
Child Custody Visitation and Contact[/caption] The Court is the upper guardian of all minor children within its jurisdiction. It, therefore, can override the wishes of the parents. However, the Court has to comply with the Constitution and the Children’s Act. Both pieces of legislation say that the minor child’s best interests must be upheld when it comes to these types of issues. Therefore, the Court would look at all the relevant facts. It would then make a decision as to what is best for the minor child concerned. The Court would look at the Order and whether it has been complied with. Thereafter it would decide whether a change to it would be warranted. The Court is also not obliged to make an order based on what the parents in the case want. It would make a decision as to what it believes is in the minor child’s best interests. We are certain that you found the above article useful and interesting. Please consider sharing it on the share buttons below. They include Facebook, Twitter, LinkedIn, WhatsApp, Gmail and more. Someone may find it useful as well. Should you require business advice or services, feel free to click on these links: Business SA | Private Legal | Envirolaws
The Court Order says my minor child’s mother has custody, but my daughter primarily lived with me since she was a toddler. What can I do to legalise the situation? The mother is now demanding that the order now be followed – 5 years later. At the time of a Continue Reading
Advocate Muhammad Abduroaf deals with legal issues relating to Muslim Marriages and Relations.
In an increasingly complex legal landscape, ensuring that your rights and obligations are effectively managed becomes paramount. For Muslim families dealing with legal issues related to marriage, child custody, and guardianship, the choice of legal representation can significantly impact the outcomes. Advocate Muhammad Abduroaf has experience and knowledge in matters of Muslim rites, particularly for issues surrounding family law. Below are several compelling reasons why Muslim mothers, fathers, husbands, and wives should consider appointing Advocate Muhammad Abduroaf for their legal needs.Assisting in Islamic Family Law
Muslim family law is intricate, often deeply intertwined with religious guidelines. Advocate Muhammad Abduroaf possesses knowledge in these areas, ensuring that clients receive legal representation aligned with their beliefs and values. His expertise extends beyond the basic legal frameworks, incorporating an understanding of cultural nuances and religious considerations, which is essential in cases involving divorce, custody, and maintenance. By choosing Advocate Abduroaf, families can be assured that their legal matters are managed by someone who respects and upholds their religious principles.Compassionate Client Focus
Family law issues can be emotionally taxing and fraught with tension. Advocate Muhammad Abduroaf adopts a client-centred approach, emphasising empathy and understanding throughout the legal process. He recognises that each case has unique dynamics and responds to the individual needs of his clients. This compassionate approach helps alleviate stress for families during difficult times, enabling them to focus on their emotional well-being while knowing their legal matters are in capable hands.Proven Track Record in Child Custody and Maintenance Cases
Child custody and maintenance are often at the heart of legal battles involving families. Advocate Muhammad Abduroaf has a proven track record of successfully representing clients in these delicate matters. He understands the importance of ensuring that children’s rights and welfare are protected during and after a separation or divorce. His familiarity with court processes and procedures provides clients with a strategic advantage in negotiations, mediation, and litigation.Robust Representation in the Courts
When legal disputes escalate to the courtroom, having a skilled advocate can make all the difference. Advocate Muhammad Abduroaf is experienced in advocating for his client’s rights before the courts, particularly in cases that require litigation. He is adept at presenting compelling arguments and evidence, defending his clients’ positions while aiming for fair and just outcomes. The confidence that comes with knowing your advocate is tenacious and knowledgeable about court procedures can be invaluable in high-stakes situations.Comprehensive Services for Family Law Matters
From child custody and maintenance to guardianship, care, and contact, Advocate Muhammad Abduroaf offers a comprehensive suite of services that cover a wide array of family law issues. This one-stop approach means that families can receive all the legal assistance they need without the hassle of seeking multiple legal representatives. This holistic approach not only streamlines the process but also fosters a deeper understanding of each family’s unique situation.Conflict Resolution Expertise
Not all disputes need to end in court. Advocate Muhammad Abduroaf is not only an aggressive litigator but also an expert in mediation and conflict resolution. He understands that many family disputes, especially those involving children, are best resolved amicably. His skills in negotiation can lead to settlements that address the needs and concerns of all parties involved, preserving relationships and minimizing stress for everyone, particularly children.Tailored Legal Solutions
Every family is different, and so are the legal challenges they face. Advocate Muhammad Abduroaf takes time to understand the specifics of each case, allowing him to create tailored legal strategies. Whether a mother seeks child custody or a father requires legal assistance in maintenance issues, his personalised approach ensures that legal solutions are aligned with each family’s unique circumstances and goals.Cultural Sensitivity and Understanding
In the realm of family law, cultural context is crucial. Advocate Muhammad Abduroaf’s understanding of the social and cultural dynamics within Muslim communities ensures that his advocacy is not just legally sound but culturally relevant. This sensitivity helps build trust and rapport with clients, fostering a working relationship where clients feel heard and respected.Commitment to Ethical Practices
Ethical representation is a cornerstone of Advocate Muhammad Abduroaf’s practice. He conducts all dealings with integrity, ensuring that clients are fully informed of their options and the potential outcomes of their cases. This commitment to transparency empowers clients to make informed decisions regarding their legal matters.Community and Network Support
Working with Advocate Muhammad Abduroaf connects clients to a broader network of community resources and support systems. He has established relationships within the community, allowing clients access not only to legal support but also to relevant social services. This holistic support network can be invaluable in navigating the many challenges that arise during legal disputes.Final Thoughts
For Muslim families facing legal challenges related to marriage, divorce, custody, or maintenance, Advocate Muhammad Abduroaf is a trusted ally in navigating a complex legal landscape. His expertise in Islamic family law, combined with a compassionate approach and proven courtroom skills, makes him an exceptional choice for representation. By choosing Advocate Abduroaf, families can be assured of receiving personalised, culturally sensitive, and ethically grounded legal support, empowering them to protect their rights and secure the best possible outcomes for themselves and their children. Appointing Advocate Muhammad Abduroaf is not just a legal decision; it is an investment in peace of mind and family welfare during turbulent times.
Advocate Muhammad Abduroaf deals with legal issues relating to Muslim Marriages and Relations. In an increasingly complex legal landscape, ensuring that your rights and obligations are effectively managed becomes paramount. For Muslim families dealing with legal issues related to marriage, child custody, and guardianship, the choice of legal representation can Continue Reading