Advocate Muhammad Abduroaf: The Unwavering Ally in the Appeals Process

The legal landscape can be a challenging terrain, especially for those who have faced unfair treatment in court and suffered the disappointment of a lost case. However, when it comes to appealing this outcome, the path to justice can be navigated with certainty and strength, especially with the expert guidance of Advocate Muhammad Abduroaf. A fighter for rights he is unwavering in his commitment to securing justice for his clients.

Demystifying the Appeals Process

Understanding the appeals process is crucial for anyone considering an appeal. It is important to note that an appeal is not a mere reiteration of the original trial; it is a powerful challenge to the decision rendered by a lower court. The appellate court meticulously reviews the trial proceedings to identify significant legal errors that influenced the outcome. With Advocate Abduroaf by your side, you can approach this process with confidence, knowing you have an expert who understands the intricacies of appellate law.

Rigorous Case Review

When you enlist Advocate Abduroaf’s services, the first step is a comprehensive review of your original case. This isn’t just a cursory glance—it’s an in-depth examination of court transcripts, evidence, and legal arguments. Advocate Abduroaf identifies precise grounds for appeal, whether they involve misapplication of the law, procedural irregularities, or issues with the sufficiency of evidence. His sharp analytical skills will illuminate critical points that could turn the tide in your favor.

Crafting a Compelling Appeal

With the foundation laid, Advocate Abduroaf expertly handles the creation of the appeal itself. The notice of appeal is not just a formality; it must be meticulously crafted to include specific decisions, grounds for appeal, and desired outcomes. Advocate Abduroaf specializes in drafting documents that seize attention and assert a compelling case for reconsideration. His ability to distill complex legal arguments into clear, impactful writing serves as a powerful tool in persuading the appellate court.

Leveraging Legal Research and Precedents

Success in appeals often hinges on establishing a robust legal framework. Advocate Abduroaf employs a comprehensive approach to research that digs deep into relevant case law and annotations. By integrating precedents that echo your situation, he builds a formidable foundation for your appeal. This level of preparation not only strengthens your case but also reflects Advocate Abduroaf’s authoritative grasp of the law—something that resonates with appellate judges.

Expert Representation in Court

The culmination of the appeals process often leads to a critical hearing, and this is where Advocate Abduroaf shines as an exceptional oral advocate. With unparalleled confidence and poise, he presents your case before the appellate judges. His sharp intellect allows him to navigate complex questions, effectively counter opposing arguments, and communicate your position with clarity and conviction. Having Advocate Abduroaf in your corner means fighting with a seasoned warrior prepared to defend your rights at every turn.

Providing Constant Support

Appealing a case is not only a legal challenge; it is also an emotional journey. Advocate Abduroaf understands the pressures involved and offers steadfast support and guidance throughout the entire process. He fosters open communication and ensures you remain informed and engaged, cultivating an empowering partnership that allows you to face the legal battle head-on.

Navigating Legal Complexities with Precision

The appellate process is inherently complex, filled with stringent deadlines and procedural requirements that must be meticulously followed. Advocate Abduroaf’s breadth of experience means he knows these intricacies inside and out. He ensures that every filing is executed accurately and on time, thereby eliminating potential traps that could jeopardize your appeal. Anticipating obstacles and devising strategies to mitigate them is an integral part of his approach, keeping your case on the path to success.

Final Thoughts

In summary, Advocate Muhammad Abduroaf stands as an unwavering ally in the pursuit of justice through the appeals process. His relentless dedication, tactical acumen, and expert representation ensure a formidable challenge against any unjust court ruling. Choosing the right advocate is critical for the success of your appeal, and Advocate Abduroaf’s track record speaks volumes about his ability to achieve favorable outcomes. If you’ve faced injustice, aligning yourself with Advocate Muhammad Abduroaf could very well be your strongest move in reclaiming your rights and obtaining the justice you deserve. The path may be challenging, but with him by your side, you can pursue it with confidence and determination.

Looking for Family Legal Services in Fresnaye- 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 Fresnaye 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 Fresnaye

Legal Advice in Fresnaye– Family law legal topics

• Child Maintenance
• Ante-nuptial Contact
• Change Matrimonial Property Regime
• Child Adoption
• Child Custody and Access
• Domestic Violence Protection
• Family Trust Registration
• Fast Unopposed Divorces
• Non-Compliance with maintenance orders
• Parenting Plans
• Postnuptial Contract Registration
• Pre-nikkah Agreement

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:

• Divorce guide
• Sample High Court Summons
• Particulars of Claim
• Notice of Set Down

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

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.

Free legal products if you live in Fresnaye

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

Relocation of a minor child from South Africa without the other parent’s consent – Is it possible?

We frequently receive inquiries from parents in South Africa who are considering relocating abroad with their minor child but lack the consent of the other parent. This situation can be complex and arises for various reasons. In some cases, the parent may have lost contact with the other parent and does not know where they are. In other instances, they might be aware of the other parent’s location but choose not to engage with them due to a strained relationship or previous negative experiences. Often, the other parent has not been involved in the child’s life for a significant period.

There is no simple yes or no for relocation without the other parent’s consent

It is essential to understand that decisions regarding relocation cannot be boiled down to a simple “yes” or “no.” Several critical factors must be evaluated before proceeding. For starters, one must determine if there is a court order in place that grants the other parent any form of guardianship rights. If such a court order exists, it could significantly impact the ability to relocate without securing consent. Another consideration is whether the parents are married to each other, and whether the other parents has parental responsibilities and rights of guardianship.

What efforts have you made to locate the other parent?

Additionally, it is crucial to investigate what efforts have been made to locate the other parent. Questions such as whether you have conducted a thorough search and tried to reach out through mutual acquaintances or even sought professional investigation services should be taken into consideration. Furthermore, understanding the reasons why the other parent is absent from the child’s life can provide insight into the potential implications of relocating without their consent.   When determining whether the other parent should be informed about the proposed relocation or whether their consent needs to be obtained, the above mentioned factors are vital. If you conclude that the other parent cannot be located and there are no existing legal barriers preventing you from taking your child abroad, then there is generally no reason to stop the relocation from occurring.

Potential challenges when relocating with the minor child without the other parent’s consent

However, potential challenges may arise when it comes to leaving South Africa, particularly if the other parent’s information appears on the child’s birth certificate. Immigration officials or other authorities may raise questions about the absence of the other parent;’s consent, which could complicate the departure process. Furthermore, even after relocation, you may encounter issues surrounding consent for various activities involving your child, such as enrolment in school or medical treatment. Schools, hospitals, and other institutions often require information about the other parent and may ask for their consent, necessitating a clear explanation of your situation.

Other legal complications

Lastly, it is worth considering that the other parent could unexpectedly come forward and contest the relocation. Generally, if the other parent does not possess legal guardianship rights, their ability to dispute your decision may be limited. However, it’s wise to prepare for any potential complications that could arise. Having legal support or advice can be invaluable when navigating these intricate issues to ensure a smooth transition for both you and your child. If you require legal advise on an issue of relocation, or legal assistance, feel free to schedule a consultation with us using the link below:

Looking for Family Legal Services in Heathfield- 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 Heathfield 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 Heathfield

Legal Advice in Heathfield– Family law legal topics

• Child Maintenance
• Ante-nuptial Contact
• Change Matrimonial Property Regime
• Child Adoption
• Child Custody and Access
• Domestic Violence Protection
• Family Trust Registration
• Fast Unopposed Divorces
• Non-Compliance with maintenance orders
• Parenting Plans
• Postnuptial Contract Registration
• Pre-nikkah Agreement

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:

• Divorce guide
• Sample High Court Summons
• Particulars of Claim
• Notice of Set Down

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

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.

Free legal products if you live in Heathfield

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

How to appeal to the Constitutional Court – Advocate Muhammad Abduroaf

A case usually commences from the Magistrate’s or High Court. If a party to the proceedings is unhappy with the outcome of the Magistrate’s Court decision, he or she will then proceed to appeal to the High Court. If, however, a case has been heard in the High Court, the Appeal would either be heard by a full-bench (usually two judges) in the High Court or the Supreme Court of Appeal would hear it. Once the Supreme Court of Appeal heard the matter and made a ruling, that would usually end it. However, a further appeal may be made to the Constitutional Court if the matter relates to constitutional rights. This Article deals with appeals to the Constitutional Court of South Africa, which has its seat in Braamfontein. Please note that although this article does not deal with it, it is also possible to make a direct application to the Constitutional Court, asking it to sit as a court of first and last instance because of the urgency of the matter or when allowed in terms of the Constitution as can be seen below. According to the website of the Constitutional Court, the contact details of the Constitutional Court is: Court Offices Director of the Constitutional Court: Tel: +27 11 359-7459 Email: [email protected] General office: of the Constitutional Court (Registrar ): Tel: +27 11 359-7468 / 7460 / 7465 / 7592 Email: [email protected] 

What is a Court Appeal?

The South African Court System

166. The courts are—

167. (1) The Constitutional Court consists of the Chief Justice of South Africa, the Deputy Chief Justice and nine other judges.

How do you appeal to the Constitutional Court?

Rules of the Constitutional Court

Procedure on appeal

20. Procedure on appeal

What are the Steps:

1. Within 15 days of the Order you are appealing against, lodged you Application for leave to appeal [Rule 19(2)]
2. Within 10 days, the Respondent is to file its Notice to Oppose the appeal and the grounds for the opposition [Rule 19(4)(a)]
3. The Constitutional Court would then decide whether or not to grant the leave to Appeal [Rule 19(6)(a)]
4. If leave to appeal is granted, the appellant shall prepare and lodge the appeal record with the Registrar [Rule 20(1)(a)]
5. The Chief Justice may decide whether the appeal shall be dealt with on the basis of written arguments only [Rule 20(5)]
6. The matter would be argued on the date provided by the Constitutional Court.

Advocate Muhammad Abduroaf – The business, legal and fitness guru

Law, business, fitness and networking, that is what advocate Muhammad Abduroaf is all about. But let’s start with a short introduction. Those who are connected to the advocate will know he is very popular with the local running community. With having completed the Comrades Ultra Marathon and the Two Oceans Ultramarathon a few times, he is no stranger to endurance running.  With that, he has completed many marathons and shorter races. Now that we got health and fitness out of the way, let’s move to the law.

The Advocate and the Law

Advocate Muhammad Abduroaf has been practicing as an advocate of the High Court of South Africa for over 15 (fifteen) years. He holds an LL.B, as well as an LL.M degree in law both from the University of the Western Cape. This University boasts one of the best law faculties in South Africa. Other than that, he advises and represents clients on an array of legal matters and issues. These ranges from corporate law, family law, to criminal law. He further argued on two (2) very important reported judgments dealing with child maintenance. Other than that, he also runs various legal and/or business advice consultancies. In doing so, he is part of making the law more accessible to all.

Advocate and Business

Advocate Abduroaf is part of various companies offering business legal services. They are listed below. For a basic service, he assists businesses with their registration, either as a private company (Pty Ltd) or non-profit company (NPC). He would even go further assisting businesses with obtaining a non-profit organisation number from the Department of Trade and Industry. Then there are the other advanced aspects. These include drafting of agreements, tax compliance, company secretarial work (Share Certificates etc). Depending on the service required, various options are available. If you want to waterproof your business or save it from drowning, he is the man to speak to.

Advocate and Networking

Advocate Abduroaf is a well-connected professional, making great use of social media and the basics that technology offers us all. This includes Facebook, Linkedin, Twitter, and Instagram. With over 27 000 Linkedin contacts and almost 5 000 Facebook friends, the advocate is a social networking guru. He knows and understands that as businesses and customer needs evolve, so should business marketing techniques and strategies. The same applies to the manner in which he provides business and legal services. You must see him  in action. Continuing with networking, the advocate believes everyone has something that would benefit the next person, either in business or in life in general. Therefore, feel free to connect with the advocate on various social media platforms, and if possible, do business with him.

Consulting businesses

International Family Law matters, applicable to South Africa

Divorces are not only limited to people living in the same country. Often, you will find that one spouse lives in South Africa and the other in a different country. They want to get divorced but do not know how to go about it. The question now is, which country and which court should divorce them? We regularly receive these types of queries from people living in the Middle East and the United Kingdom. The same problem arises in the case of parents living in different countries, but there are complications regarding contact and access to their minor children. Let’s say, one parent, lives in Cape Town and the other in Taiwan. How does the parent living in Taiwan enforce his contact rights to his child in South Africa? Does he or she approach the court in Taiwan? Or should he or she approach the Court in South Africa? And Lastly, there is an issue regarding child maintenance. What happens in the case where one parent lives in Cape Town and the other in New York? How does child maintenance work? Can the parent living in Cape Town with the children obtain a maintenance order against a parent in New York? This article will deal with the above three topics. Read on to learn more.

South Africans living abroad

• The United Kingdom
• United States of America
• Canada
• Chile
• Taiwan
• New Zealand
• Japan
• India
• Brazil
• China

I live in the United Kingdom, and want to divorce my spouse living in Cape Town

Jurisdiction of the Divorce Courts in South Africa

I live in the United States of America, and I am not allowed to have contact with my child living in Cape Town, South Africa

How to claim child maintenance for my children if the other parent lives in New York

Our Lawyer (Pty) Ltd – Legal Services South Africa – Cape Town

Legal Services and advice does not need to be hard to find. Contact us today to assist you with your legal matters. [caption id="attachment_8324" align="alignleft" width="640"] Advice Legal Services and Advice Cape Town South Africa[/caption] [caption id="attachment_8323" align="alignleft" width="640"] Abduroaf Legal Services and Advice Cape Town South Africa[/caption] [caption id="attachment_8322" align="alignleft" width="640"] Legal System Legal Services and Advice Cape Town South Africa[/caption] [caption id="attachment_8321" align="alignleft" width="640"] Law Books Legal Services and Advice Cape Town South Africa[/caption] [caption id="attachment_8320" align="alignleft" width="640"] Law South Africa Legal Services and Advice Cape Town World[/caption] [caption id="attachment_8319" align="alignleft" width="640"] Justice Advocate Legal Services and Advice Cape Town South Africa[/caption] [caption id="attachment_8318" align="alignleft" width="494"] Fairness Legal Services and Advice Cape Town South Africa[/caption]

Legal advice for parents from an Advocate regarding care and contact disputes during the December / January School Holidays

The end of the year marks the start of the holiday season. Schools are closing, and most parents will be using their annual leave. It is the ideal time to spend time with family and friends and just rest and have fun. If you have children, you also want to spend quality time with them. This is especially so if not much time was spent together during the year. Ideally, both mom and dad would live in the same home as the children. However, that is not always the case. There are many reasons for that. It can relate to divorce, separation, or incompatibility. The list goes on. Regardless, each parent wants to spend quality time with their child during this festive season. And why should they not? Let us first deal with what divorced parents can do, then parents who were never married.

Parental Rights and responsibilities of divorced parents

In most cases, divorced parents would share parental rights and responsibilities of their minor children after they divorced. In other words, they would remain co-holders of parental responsibilities and rights over their minor children. Before the Court divorced the parents, it had to be satisfied that the arrangements regarding care and contact, maintenance and so on were satisfactory. In other words, it must be convinced that the arrangements are in the minor child’s best interest. The divorce parents are then left to care for the minor children as provided for in the divorce order. In most cases, there would be a consent paper with a parenting plan.

What happens if divorced parents have disputes regarding care and contact during the school holidays?

Divorced parents must stick to the care and contact arrangements outlined in the divorce order. If they do not, they will be contemptuous of the court order. The aggrieved party may lay a complaint at the police or launch a civil case for contempt of Court. This is best to be avoided. Nothing is limiting divorced parents from agreeing to alternative arrangements. However, it must be agreed upon. If issues arise, the parties need to revert to the terms of the Court Order. Sometimes a divorce order incorporates a clause dealing with the appointment of a parenting co-ordinator, or facilitator. Usually, this person would assist the parents in resolving minor disputes when it comes to care and contact. This would be done without deviating from the principles laid down in the divorce order dealing with care and contact. They would be especially useful should there be a dispute regarding how to split the December holidays between the parents.

Can divorced parents change the terms of the Divorce Court Order?

If one of the divorced parents has an issue with the terms of the divorce court order, and they believe a change to the terms of the Order would be in the minor children’s best interests, then they may approach the Court to vary the Court Order. The Court would only vary it after it heard from both parents and is convinced that it is in the minor children’s best interests. Usually, a reason for a change would be that the minor child is much older, and circumstances have changed. An example of a change in circumstances is that the minor child changed schools, and a change in residency would be best for them. If the divorce Order incorporated a clause dealing with the appointment of a parenting co-ordinator or facilitator, then the parent would first need to use them. That would, however, not be required if the change in the divorce order relates to something that the parenting co-ordinator or facilitator would not be able to assist the parents with.

What about parents who were never married?

Parents who were never married or married but separated do not have a court order to follow during the school holidays. It is hoped that they would be sensible and agree to an appropriate care and contact arrangement during the school holidays, which would suit both parents, especially the minor child. Separated parents who have issues with each other do not want to deal with the other parent, especially during the holiday season. However, it is unfortunate that the child is the one who suffers in the long run. Parents must understand that any conflict between them negatively affects their children. This is what you want to avoid at all costs. However, if the parents cannot come to an agreement, they need to remain civil and use other tools, referred to next.

What can separated parents do if they cannot agree on care and contact issues for the December holidays?

Parents need to understand that the law looks at what is best for the child and not the parents. It is, therefore, the duty of separated parents to put aside their prejudices for the other parent for the sake of the child’s wellbeing. If, however, separated parents cannot see eye to eye on what is best for the child, external assistance is needed. If the external assistance does not help much, the Court needs to be approached. Let’s discuss external assistance.

Parents must first try to mediate the care and contact disputes

It is understandable that not all separated parents would be able to resolve a care and contact matter independently. Sometimes, one parent is just outright unreasonable and does not focus on what is best for the child. In such a case, we recommend that the parents see a mediator to assist them in resolving the dispute. The mediator can either be a social worker, an attorney, or a local religious leader. Whoever it is, there must be a concerted effort to resolve the matter from both sides. Both parents should have a chance to speak, ask questions and resolve whatever issues they may have. We know that it is not always possible to do so. However, compromise is the key.

What happens if the mediation fails?

Mediation should assist any couple in resolving their issues for the most part. However, if they cannot compromise, the Court needs to be approached to apply its legal mind and determine what is best for the child concerned. The Court may want the input of a childcare expert, for example, the office of the family advocate or a social worker from a welfare organization. After the Court heard what both parties had to say, it would rule on what was in the minor child’s best interest. It does not mean the court would rule in your favour. However, it is possible that the court may find a middle ground that neither party is happy with.

When to seek legal advice

We recommend that you seek professional legal advice when things cannot be resolved between the parents, even with the assistance of a parenting co-ordinator, mediator or facilitator. If you cannot afford a lawyer, or cannot find one that offers their services pro bono, then approach the Children’s Court. Matters concerning children are inherently urgent, and it would not benefit the parties, nor the child, if things are delayed, especially so if a court needs to get involved. However, it does not mean that by seeing a lawyer, you must go to court. Maybe after consulting with the lawyer, you understand the law better and would be in a better position to resolve the matter on your own. The lawyer can also send the other party a letter. If that does not work, then approaching the court is justified. [caption id="attachment_10745" align="alignnone" width="300"] Adv. Muhammad Abduroaf – Trust Account Advocate[/caption]  

[caption id="attachment_10799" align="alignnone" width="720"] Relocation consent for minor child to Brazil – Advocate Muhammad Abduroaf[/caption]

I want to relocate from South Africa to Brazil with my minor child. The other parent does not want my child to relocate to Brazil. What can I do?

Brazil 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 Brazil, if a minor child will be joining that parent and also relocating to Brazil, 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 Brazil. Before we do so, let us list the various cities and towns in Brazil to which you may want to relocate: Acre, Rio Branco, Alagoas, Maceió, União dos Palmares, Amapá, Macapá, Amazonas, Itacoatiara, Manaus, Tefé, Bahia, Alagoinhas, Feira de Santana, Ilhéus, Itabuna, Jequié, Juazeiro, Paulo Afonso, Salvador, Vitória da Conquista, Ceará, Aracati, Crato, Fortaleza, Juazeiro do Norte, Sobral, Distrito Federal, Brasília, Espírito Santo, Cachoeiro de Itapemirim, Colatina, Fundão, Vila Velha, Vitória, Goiás, Anápolis, Catalão, Goiânia, Goiás, Ipameri, Jataí, Maranhão, Alcântara, Caxias, São Luís, Mato Grosso, Cuiabá, Mato Grosso do Sul, Campo Grande, Corumbá, Três Lagoas, Minas Gerais, Araguari, Barbacena, Belo Horizonte, Congonhas, Conselheiro Lafaiete, Diamantina, Divinópolis, Governador Valadares, Juiz de Fora, Mariana, Montes Claros, Nova Lima, Ouro Prêto, Passos, Patos de Minas, Poços de Caldas, Sabará, São João del Rei, Sete Lagoas, Teófilo Otoni, Uberaba, Uberlândia, Pará, Belém, Bragança, Monte Alegre, Óbidos, Santarém, Campina Grande, Paraíba, Campina Grande, João Pessoa, Paraná, Curitiba, Londrina, Maringá, Paranaguá, Ponta Grossa, Pernambuco, Caruaru, Garanhuns, Jaboatão, Olinda, Petrolândia, Petrolina, Recife, Piauí, Floriano, Parnaíba, Teresina, Rio de Janeiro, Angra dos Reis, Barra Mansa, Campos dos Goytacazes, Copacabana, Duque de Caxias, Nilópolis, Niterói, Nova Friburgo, Nova Iguaçu, Petrópolis, Resende, Rio de Janeiro, São Gonçalo, São João de Meriti, Teresópolis, Volta Redonda, Rio Grande do Norte, Mossoró, Natal, Rio Grande do Sul, Bagé, Bento Gonçalves, Canoas, Caxias do Sul, Novo Hamburgo, Passo Fundo, Pelotas, Porto Alegre, Rio Grande, Santa Maria, São Leopoldo, Uruguaiana, Rondônia, Guajará-Mirim, Pôrto Velho, Roraima, Boa Vista, Santa Catarina, Blumenau, Criciúma, Florianópolis, Itajaí, Lajes, Tubarão, São Paulo, Americana, Araçatuba, Araraquara, Barretos, Bauru, Botucatu, Campinas, Catanduva, Cubatão, Franca, Guaratinguetá, Guarujá, Guarulhos, Itapetininga, Jacareí, Jaú, Jundiaí, Limeira, Marília, Mogi das Cruzes, Osasco, Ourinhos, Piracicaba, Presidente Prudente, Ribeirão Prêto, Rio Claro, Santo André, Santos, São Bernardo do Campo, São Caetano do Sul, São Carlos, São José do Rio Prêto, São José dos Campos, São Paulo, São Vicente, Sorocaba, Taubaté, Sergipe, Aracaju, São Cristóvão, Tocantins, Palmas. (https://www.britannica.com/topic/list-of-cities-and-towns-in-Brazil-2055400)

Why do I require the other parent’s Consent to relocate to Brazil?

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

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

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 Brazil. 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 Brazil.

Mother’s Consent for relocation of the minor child to Brazil

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 Brazil, 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 Brazil

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 Brazil. 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 Brazil.

Consent of unmarried fathers for the relocation of their minor children to Brazil.

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 Brazil?

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 Brazil, 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 Brazil, then the Court will make an Order similar to that which is shown below. [caption id="attachment_10798" align="alignnone" width="694"] Relocation consent for minor child to Brazil – Advocate Muhammad Abduroaf[/caption] [caption id="attachment_10799" align="alignnone" width="690"] Relocation consent for minor child to Brazil – Advocate Muhammad Abduroaf[/caption]