Questions parents ask in child custody disputes. What are some of the difficulties parents face when dealing with child custody issues and problems? When parents have issues and difficulties regarding their parental responsibilities and rights, they often go online for answers. These issues can relate to contact rights or guardianship Continue Reading
Uncategorized
Contact and care disputes regarding your minor children for the school holidays
Holidays are approaching. It is that time of the year again where parents and children want to spend time together, relax, and have fun. This is usually easy to implement when parents and children live together. However, if that is not the case, it can become somewhat challenging for some and more for others. What can one do if the issue of holiday contact cannot be resolved where the parents are not living together? Read on for ways to avoid legal problems on the eve of Christmas.The right of the child to spend time with both parents
Before dealing with the issue of the law and how it can be used to resolve issues, let us first look at the rights of a child. When dealing with any child matter, the law focuses on what is best for the child. The child’s best interest principle is stated in our Constitution and the Children’s Act in terms of legislation. Section 28 (2) of our Constitution states that “[a] child’s best interests are of paramount importance in every matter concerning the child.” Furthermore, section 9 of the Children’s Act 38 of 2005 states that “[i]n all matters concerning the care, protection, and well-being of a child the standard that the child’s best interest is of paramount importance, must be applied.” Therefore, in resolving any care and contact disputes regarding holiday contact, the focus must be on what is best for the minor child involved. And not the parents.Resolving care and contact issues out of Court
At a very last resort, parties may approach the Court to resolve their care and contact issues. It can be a very challenging and tedious process, which outcome may not always be what you want it to be. That may apply to both parents. However, once the ruling has been made, the parties are bound by it. If the process was acrimonious, it could mean that neither party would be willing to negotiate a temporary change to contact should the need arise—for example, swopping days when there is a family wedding or birthday celebration. The ideal is for the parents to be the architects of their parenting arrangement, not lawyers, social workers, or the courts. They know their lives and the child much better than anyone else and are best suited to find a workable solution. Each family is different. What would work for one family will not work for another. The children’s ages, the location of schools, parents’ homes, and jobs would differ vastly from that of other families. No one glove fits all when it comes to care and contact arrangements for minor children.Parents sitting down with a view of resolving care and contact arrangements before the school holidays
The first advice we have to parents who are having challenges in resolving issues regarding holiday contact is to set up a meeting with each other. This is very important as it would give both parents a chance to hear the other parent’s view. Parents should try their best to avoid third parties getting involved. And when we say third parties, we include lawyers, social workers, magistrates, judges, etc. Once others get involved, the lines of communication may not be that easy. And many times, it is distorted. Sitting on the same table provides the other parent with immediate suggestions and information needed to resolve the issue, not through a lawyer or a court. Only you and the other parent know what is workable. You know your schedule, your budget, the needs of the children and how far you can compromise. Not the attorney, advocate, or presiding officer. Their knowledge would be limited to the few pages presented or the few hours of consultation.What is the disadvantage of seeking outside help?
If you and the other parent met and things were still not resolved, outside help would inevitably be needed. That same applies if a meeting is not possible due to the issue of domestic violence or an unwillingness of a parent to meet face to face. Outside help can be a mutual family friend, a family member both parents trust, or a trained mediator. A trained mediator could be a social worker, psychologist, attorney, or advocate. The Office of the Family Advocate can also assist. However, remember, some mediation services can be costly, and if there is a budget, you would have to do with only a few hours being spent on critical decisions. Even if the services are free, remember, in that case, limited time would still be spent on your issues. If issues cannot be resolved within a few hours, more than likely, the mediator would advise that your either take their ad hoc recommendations or take the matter to Court. We are not discrediting mediation or litigation. However, we want the parents to try their utmost to resolve the issues they have before looking for outside assistance. But let us presume outside help is needed. In that case, let us properly look at mediation.Having your care and contact issues formally mediated
Mediation is an excellent tool to resolve care and contact disputes between parents. This is especially so when a trained and experienced mediator is involved. However, it is not always necessary to have a professional mediator on board. For example, an attorney, advocate, social worker and so on. As previously stated, it can also be your priest, your neighbour, or a trusted family member. All parents and family dynamics are different. It would be unfair to state that expert mediators can only resolve all parental issues. That is illogical and has no factual basis, therefore. However, should it be decided that a trained professional mediator is appropriate, then consider the following:- Are both you and the other parent comfortable with the proposed mediator? It is very important that both parties are happy and comfortable with the mediator you will be approaching to assist in resolving your issues;
- Are the fees the mediator charges reasonable and sustainable according to your pockets? Not all mediators charge the same rate. Rates are, of course, based on experience, qualification, location and so on. However, it would not make sense to enlist the services of a mediator where you can only afford a single session. Some issues require two or three sessions, depending on the issues involved. If we are dealing with swopping a weekend, a single session may be appropriate. However, when dealing with something like relocation, maybe three different sittings would be appropriate; and
- Are you happy with the location of the mediator’s office or the use of virtual sessions (e.g. Zoom or Microsoft Teams)? For some, face to face mediation will yield the best results. The parties would be able to meaningfully engage with each other in the same room instead of using phone or computer monitors. However, virtual mediation sessions would be best for some, and they prefer it. They save time on travelling and do not have to take time off work.
Once you agree on the mediator, attend sessions with an open mind. Remember, you are in control and can decide your own destiny. Not your lawyers or a court of law. However, if mediation is unsuccessful, one would need to consider taking the matter to Court.Taking your care and contact matters to Court
Going to Court on your care and contact matters has advantages and disadvantages. The one advantage is that it would bring whatever issue you have to finality. The disadvantage is that you may be unsuccessful and spend a fortune on your legal fees and potentially the other sides. Nonetheless, if mediation fails, or it is necessary to go to Court, here are some tips to consider when taking that route:- First, receive proper advice on the legal issue you have at hand. It is important that you understand the issues involved and your legal recourse. It would be unfortunate if you take your matter to Court but do not understand what you are getting yourself into;
- Know exactly what you want. In other words, what Order do you want the Court to grant you? Is it primary care, shared care or reasonable contact?
- Ensure that you provide your legal representative with all the relevant facts to fight for your case. This would only be possible if the first two points above have been complied with; and
- Make sure that you are always kept abreast of your matter.
How will the Court decide the matter?
As always, the Court would decide your matter based on what is best for the minor child involved. As stated, section 9 of the Children’s Act states that “[i]n all matters concerning the care, protection, and well-being of a child the standard that the child’s best interest is of paramount importance, must be applied.” And section 28 (2) of our Constitution states that “[a] child’s best interests are of paramount importance in every matter concerning the child.” Furthermore, the Children’s Act 38 of 2005 places great emphasis on the child’s voice being heard in matters concerning that child. The Children’s Act states the following in this regard: 6 General principles … (5) A child, having regard to his or her age, maturity and stage of development, and a person who has parental responsibilities and rights in respect of that child, where appropriate, must be informed of any action or decision taken in a matter concerning the child which significantly affects the child. … 10 Child participation Every child that is of such an age, maturity and stage of development as to be able to participate in any matter concerning that child has the right to participate in an appropriate way and views expressed by the child must be given due consideration. … 31 Major decisions involving child (1) (a) Before a person holding parental responsibilities and rights in respect of a child takes any decision contemplated in paragraph (b) involving the child, that person must give due consideration to any views and wishes expressed by the child, bearing in mind the child’s age, maturity and stage of development. In conclusion, should you take your matter to Court or be brought to Court by the other parent, you need to focus on what is best for the minor child. That can sometimes be very hard because in doing so, you must consider factors that do not support your case. For example, if the minor child has always been cared for by the other parent. The bottom line is, focus on what is best for the minor child involved. And if speaking face to face and mediation does not work, then only then approach the Courts. You may, however, seek legal advice beforehand.
Contact and care disputes regarding your minor children for the school holidays Holidays are approaching. It is that time of the year again where parents and children want to spend time together, relax, and have fun. This is usually easy to implement when parents and children live together. However, if Continue Reading
Frequently asked Child Custody and Guardianship Questions, answered by Adv. Muhammad Abduroaf, Advocate of the High Court of South Africa
Parents who are separated or having difficulties in their marriage or relationship often have questions regarding issues regarding child custody, care, visitation, and guardianship. Below are a few questions that Adv. Muhammad Abduroaf attempt to answer.What is the most common child custody agreement?
The most common child custody agreement is for one parent to have primary care and for the other to have reasonable contact. That basically means the child would be cared for by one parent during the school week, and the other parent would have visitation rights every other weekend. Sometimes visitation would be during the week as well. Regarding school holidays, each parent would care for the child equally if possible. That would mean that the school holidays would be split in half. There are many variations to the above. However, the idea is that one parent would care for the child’s day-to-day needs and would be the first point of call for the child. For example, should the child fall ill at school, then the primary caregiver would be first contacted. That parent would also ensure that the child does their homework, attend sport, etc. The other parent may assist with schoolwork and assignments while caring for the child.At what age can a child refuse visitation in South Africa?
Children need to listen to their parents. The opposite also applies. However, the difference is that parents know what is best for their children. Once the child turns 18 and is an adult, they can decide when and with whom they want to have contact. If, however, a child is afraid to have contact with a parent, then in such a case, the matter needs to be looked into. It may be best that the child sees a social worker or psychologist to determine the root of the problem and work from there.How does guardianship work in South Africa?
Guardianship refers to legal matters concerning a child’s life. For example, a child’s legal guardian would consent to a child obtaining a passport or buying a house. Consent is also required for a child to undergo specific medical procedures and international travel. As you can see, guardianship has nothing to do with the visitation of a child. Therefore, a parent can have visitation rights but no guardianship rights.What do judges look for in child custody cases in South Africa?
In all matters concerning children, the court or the judge is only concerned with what is in the child’s best interest, and not what is in the parent’s best interest. Therefore, whenever a judge has to decide regarding care, contact or anything related to the well-being of the minor child, it needs to make it based on what it believes is in the child’s best interests.Are fathers entitled to 50/50 custody?
Fathers and mothers are entitled to 50/50 custody if the facts allow it. 50/50 is also sometimes referred to as shared care. If 50/50 is in the child’s best interests, the court will make such an order. If, for example, a parent lives far away from the child’s school, and that parent also needs to be at work very early, it would not make sense for that parent to have shared care over the minor child.What is a realistic custody agreement?
A realistic custody agreement is one that would work for your specific family. Each family is different; therefore, what would work for one family would not necessarily work for another. Some parents work from home, and others work abroad. Furthermore, some parents are unable to assist children with schoolwork. Therefore, whatever custody agreement would work and be in the child’s best interests is best.At what age will a judge listen to a child in South Africa?
If the child is mature enough, and there is a need for it, the court would listen to the child. However, usually, it depends on other experts’ interactions with the child—for example, the Office of the Family Advocate or a social worker who would provide a report.How can a mother lose custody in South Africa?
If the mother has custody or primary care over the minor child, she can lose custody if she cannot be the primary caregiver. She may also lose custody if the other parent is better equipped to care for the minor child. For example, the mother now must work long hours and is away at work more often. The court may decide that it is best for the father to care for the minor child if he can do so.Is South Africa a 50/50 custody State?
South Africa does not follow the 50/50 custody principle, and it makes a custody order based on all the information before it and on what is in the child’s best interests.What is considered an unfit parent in South Africa?
An unfit parent neglects a child. Not everyone has the same income or wealth, so a parent who cannot purchase everything the child wants is not seen as unfit. However, if that parent puts the child in harm’s way or neglects the child, that parent would be seen as an unfit parent.How do you win a custody battle with a narcissist?
Whether or not the other parent is a narcissist, the principles applicable to winning a child custody case would remain the same. It would help if you focused on the child’s best interests and nothing else. The court would pick up that the other parent is a narcissist. However, that does not mean you will win your case. A narcissist that can care well for the child should care for the child. Therefore, focus on aspects showing that you can care better for the child.What access do fathers usually get?
Historically, the father usually received reasonable contact, which usually entailed contact every second weekend, on special days and half the holidays. The law and society have evolved so that many fathers are primary caregivers, and the mothers are the ones who receive reasonable contact. No matter what the gender of the parent is, the law looks at what is best for the child concerned.How do you calculate child custody?
You would calculate child custody by the amount of time a parent would spend with a child during the month. For example, if a parent has contact with a child every second weekend, that would mean that the parent cares for the child 4 to 5 days a month.How can I gain full custody of my child?
Any parent can gain full custody of their child if they can prove it would be in their best interests. No court would give full custody to a parent who cannot care well for the child. The law does not look at the amount of money you have as the court can always order the other parent to pay more child support. [caption id="attachment_10745" align="alignnone" width="300"]
Adv. Muhammad Abduroaf[/caption]
Frequently asked Child Custody and Guardianship Questions, answered by Adv. Muhammad Abduroaf, Advocate of the High Court of South Africa Parents who are separated or having difficulties in their marriage or relationship often have questions regarding issues regarding child custody, care, visitation, and guardianship. Below are a few questions that Continue Reading
[caption id="attachment_10835" align="alignnone" width="656"]
Relocation consent Court Order for minor child to Qatar – Advocate Muhammad Abduroaf[/caption]I want to relocate from South Africa to Qatar with my minor child. The other parent does not want my child to relocate to Qatar. What can I do?
Qatar 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 Qatar, if a minor child will be joining that parent and also relocating to Qatar, 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 Qatar. Before we do so, let us list the various cities and towns in Qatar to which you may want to relocate: Doha, Abu az Zuluf, Abu Thaylah, Ad Dawhah al Jadidah, Al `Arish, Al Bida` ash Sharqiyah, Al Ghanim, Al Ghuwariyah, Al Hilal al Gharbiyah, Al Hilal ash Sharqiyah, Al Hitmi, Al Jasrah, Al Jumaliyah, Al Ka`biyah, Al Khalifat, Al Khor, Al Khawr, Al Khuwayr, Al Mafjar, Al Qa`abiyah, Al Wakrah, second city, Al `Adhbah, An Najmah, Ar Rakiyat, Al Rayyan, Ar Ru’ays, As Salatah, As Salatah al Jadidah, As Sani`, As Sawq, Ath Thaqab, Blaré, Dukhan, Ras Laffan Industrial City, Umm Bab, Umm Sa’id, Umm Salal Ali, Umm Salal Mohammed. (https://www.wikiwand.com/simple/List_of_cities_in_Qatar) Why do I require the other parent’s Consent to relocate to Qatar?
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 Qatar. 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 Qatar. Even if the minor child only wants to go for a short holiday to Qatar, both guardians’ Consent would be required.When would the other parent be seen as a guardian in the case of a relocation matter to Qatar?
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 Qatar. 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 Qatar.Mother’s Consent for relocation of the minor child to Qatar
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 Qatar, 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 Qatar
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 Qatar. 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 Qatar.Consent of unmarried fathers for the relocation of their minor children to Qatar.
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 Qatar?
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 Qatar, 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 Qatar, then the Court will make an Order similar to that which is shown below. [caption id="attachment_10834" align="alignnone" width="667"]
Relocation consent Court Order for minor child to Qatar – Advocate Muhammad Abduroaf[/caption] [caption id="attachment_10835" align="alignnone" width="656"] Relocation consent Court Order for minor child to Qatar – Advocate Muhammad Abduroaf[/caption]
I want to relocate from South Africa to Qatar with my minor child. The other parent does not want my child to relocate to Qatar. What can I do? Qatar is a popular destination to emigrate to. People emigrate from South Africa for many reasons. It ranges from better employment Continue Reading
Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Rustenburg.
Child Maintenance is the right of the child, and not that of the parent. It is also not a privilege granted to parents who must pay it. It is their duty to pay child maintenance and support their children. Once the child is self-supporting (being able to care for him or herself), the obligation falls away. This can happen when the child is 18, 20, or even 30. It all depends on the circumstances of the case.
Claiming child maintenance for your child in Rustenburg
Whether you claim child maintenance in Rustenburg, or any other city in South Africa, the procedures would be the same. There are however two (2) courts that can deal with child maintenance matters. That is a divorce court, in a divorce matter, and a Child Maintenance Court. For this article, we will focus on claiming maintenance in a Maintenance Court matter in Rustenburg.
The maintenance scenario – Rustenburg South Africa
In this article, we will deal with the following fictitious scenario, in a child maintenance matter:
- The Child is seven years old and attends school in Rustenburg
- The child is cared for by the mother who works in Rustenburg
- The mother works and earns a Salary of R 10 000
- The father sees the child every second weekend. He also lives and works in Rustenburg
- The child’s monthly expenses are R 6000 – 00 which includes food, clothing, accommodation, education, travel etc.
- The father earns a reasonable salary and can afford the R 20 000 – 00 per month
- The mother claims R 4 000 – 00 maintenance as the father earns double her salary
What is the first step the mother must take in claiming child maintenance?
The first thing the mother must do is work out exactly what the child costs by item. She breaks down the minor child’s living expenses, starting from rent or accommodation to groceries to school fees etc. Once she has done that, she would need to determine what exactly does the minor child cost per month, seeing that she will be asking the father to contribute towards that. As best as possible, she needs to collect proof of expenses. This can be in the form of receipts.
How does she start the legal process?
The mother now needs to approach the maintenance court in the area where she lives or works to lodge a complaint for child maintenance. If she lives or works in Rustenburg, it would be the maintenance court in Rustenburg. She will complete a Form A wherein she will provide all the expenses for her and the minor child. She would also have to stipulate her income. Once she completed the form and submitted it to the maintenance court, she must then follow the next step.
What do you do while waiting for the maintenance court date?
While you wait to be informed of the court date by the Maintenance Court of Rustenburg, and up until the actual first court date, you need to ensure that you keep a record of all income and expenses for you and the child. This is very important as the court allocates maintenance based on recent income and expenses.
What happens at the first court appearance at the Rustenburg Maintenance Court?
Once you have been notified of the maintenance court date by the Rustenburg Maintenance Court, you need to ensure that you attend it. On that day, both you and the father of the child would appear before a maintenance officer. The maintenance officer would go through both your income and expenses as well as that of the father. If all the relevant information is not before the maintenance court, then the matter may be postponed in order for the parties to submit it.
The maintenance officer will try to settle the matter and have the parents come to an agreement regarding the amount of child maintenance to be paid. If they cannot come to an agreement regarding the child maintenance to be paid, the matter would have to proceed to a formal hearing or trial before a Magistrate.
How does the Maintenance Court hearing or trial work in Rustenburg?
Essentially, the maintenance court is called upon to make a fair ruling regarding what is a fair amount of child support that needs to be paid. For that to happen, the parents would have to give evidence in that regard. The mother would present to the court what the child costs, what she contributes and what she requires the other parent to pay. The Father would have a right to question the mother and to present evidence as to why he cannot afford the amount requested or why he feels it is an unfair amount. The mother can they also question him.
At the end of the day, the Rustenburg Maintenance Court would be able to properly determine what is a fair and adequate amount of child maintenance to pay after being presented will all relevant information. The Rustenburg Maintenance Court should play an active role in determining what is a fair amount of child maintenance the father should pay.
The above child maintenance application principles should apply to the following provinces and cities:
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, Rustenburg, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester
Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Rustenburg. Child Maintenance is the right of the child, and not that of the parent. It is also not a privilege granted to parents who must pay it. It is their duty 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]
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
Grandparent, Grandchildren, and the Law – Child Custody, Care and Guardianship
The caregiving of minor children is in principle, supposed to be the joint responsibility of both parents. It took two parents to bring the child into this world. However, equal sharing of the responsibilities is not always the case. Often, in a case of separation, responsibilities changes. The child lives primarily with one parent, and the other parent has reasonable contact, or sometimes less or none. In the scenario of reasonable contact, the child is still cared for by both parents, but not equally. Read on more to find out what does Advocate Muhammad Abduroaf say about this topic.Equal caregiving of children
There are however cases where caregiving is shared equally – where the child lives for one week with the mother and the other with the father. But that becomes sometimes impractical when the parents live far from each other, and have different work schedules etc. If the child attends school closer to one parent’s home, he would have to wake up at different times each week, have different parents assist them with school work etc. However, if it can work, and is in the best interests of the child, it should be implemented.Rights to third parties to minor children
But what happens when a third party, being a relative or otherwise, wants to have contact, care and guardianship over a minor child while one or both the parents are alive? We are not dealing with the issue of adoption – which is a completely different topic – but with the issue of whether other persons can also have rights to contact to a child. It is, however, safe to say that the parents’ rights of contact, custody and so on, would be limited to a certain extent.Assignment of rights to grandparents
For the purposes of this article, you may ask yourself: Can grandparents be the caregivers of the child? Is this possible and does the law accommodate for a situation where non-biological parents have such rights? You will see below that the law does indeed allow for such a situation. Considering the title of this legal article, we will explore the scenario where maternal grandparents want to have primary care of a minor child after their daughter passed on in a case of a living father. The law mentioned can be applied to any scenario in which third parties are interested in having such rights assigned to the minor child. You may find the following articles interesting:- The Law Regarding Children – The Children’s Act 38 of 2005
- 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?
- How do I get full custody over my child?
- Parental Child Abuse in Custody Cases
- Relocate with minor child. Parent Refusing Consent for a Passport
- Father being refused contact to his child! What are his rights as a Father?
- Father’s Parental Responsibilities and Rights to his Child
- Urgent Access to your Children without a Lawyer
- Parenting Plans and the Law
- What happens in a custody dispute where one parent is mentally ill?
- How to win your child custody and access court case – Tips and Tricks
What law do we look at?
Well, first of all, we should always look at what is stated in the Constitution, Act 108 of 1996. The Constitution is supreme law in South Africa. What it says, is that a child’s best interests are of paramount importance in all matters concerning a child. This is something we already know. Then we look at legislation subordinate to the Constitution. In this case, we look at the Children’s Act 38 of 2005. This is where we are going to get our answers from.The Children’s Act 38 of 2005
The Children’s Act is the main piece of legislation dealing with matters concerning children. Section 2 of the Children’s Act deals with its objective. Reading it would give you some type of understanding regarding the Act. It is quoted as follows: “2 Objects of Act The objects of this Act are- (a) to promote the preservation and strengthening of families; (b) to give effect to the following constitutional rights of children, namely- (i) family care or parental care or appropriate alternative care when removed from the family environment; (ii) social services; (iii) protection from maltreatment, neglect, abuse or degradation; and (iv) that the best interests of a child are of paramount importance in every matter concerning the child; (c) to give effect to the Republic’s obligations concerning the well-being of children in terms of international instruments binding on the Republic; (d) to make provision for structures, services and means for promoting and monitoring the sound physical, psychological, intellectual, emotional and social development of children; (e) to strengthen and develop community structures which can assist in providing care and protection for children; (f) to protect children from discrimination, exploitation and any other physical, emotional or moral harm or hazards; (g) to provide care and protection to children who are in need of care and protection; (h) to recognise the special needs that children with disabilities may have; and (i) generally, to promote the protection, development and well-being of children.” As you can see, the Children’s Act’s object is very extensive, focused solely in the interests of the child. Now let us look at what does it say about the best interests of a child. [caption id="attachment_5104" align="alignleft" width="208"]
Make an Appointment with us Online[/caption] [caption id="attachment_5103" align="alignleft" width="203"]
View our Family Law Services[/caption]Best interests of a child
So what is meant by: “the child’s best interests”? Let’s go one step further and by detecting this in our legislation. As mentioned earlier, our Constitution also refers to it. Section 9 of the Children’s Act 38 of 2005 states the following: “9 Best interests of child paramount In all matters concerning the care, protection and well-being of a child the standard that the child’s best interest is of paramount importance, must be applied.” Now, there you have it. The law does not look at the interests of the parents or third parties. The law looks at what is best for the child under the circumstances. Now we need to move on to the question this legal article addresses: What does the law say about grandparents or third parties obtaining rights of care, contact and guardianship over a child not born from them? For this, we refer to the Children’s Act. Here it refers to the latter persons as interested persons.Assignment of contact and care to interested person by order of the court
As third parties do not have any inherent parental responsibilities and rights as parents do; rights are assigned by a Court. Now, what does the law say about assigning rights of contact and care to interested third parties? Here section 23 of the Children’s Act is of assistance. Section 23 is quoted as follows” “23 Assignment of contact and care to interested person by order of court (1) Any person having an interest in the care, well-being or development of a child may apply to the High Court, a divorce court in divorce matters or the children’s court for an order granting to the applicant, on such conditions as the court may deem necessary- (a) contact with the child; or (b) care of the child. (2) When considering an application contemplated in subsection (1), the court must take into account- (a) the best interests of the child; (b) the relationship between the applicant and the child, and any other relevant person and the child; (c) the degree of commitment that the applicant has shown towards the child; (d) the extent to which the applicant has contributed towards expenses in connection with the birth and maintenance of the child; and (e) any other fact that should, in the opinion of the court, be taken into account. (3) If in the course of the court proceedings it is brought to the attention of the court that an application for the adoption of the child has been made by another applicant, the court- (a) must request a family advocate, social worker or psychologist to furnish it with a report and recommendations as to what is in the best interests of the child; and (b) may suspend the first-mentioned application on any conditions it may determine. (4) The granting of care or contact to a person in terms of this section does not affect the parental responsibilities and rights that any other person may have in respect of the same child.” So, there we have it. In short, if you formed part of the child’s life and have an interest in having rights of care and contact – the court may afford you such rights. Therefore, should you divorce the mother of your step child, you may also claim rights of contact to your step-child in the divorce court. Now, what are the potential for rights of guardianship being assigned to third parties and grandparents over minor children? And what is the law state? Here too, the Children’s Act comes to our assistance.Assignment of guardianship by order of the court
Now that you know that our maternal grandparents referred to in the scenario above or any other interested persons, may be assigned rights of care and contact. Now, let’s move on to the aspect of guardianship. Guardianship would refer to the consent for the application of a passport, leaving the Republic, alienating immovable property and so on in relation to a minor child. In this regard, section 24 of the Children’s Act would be of assistance. This section is quoted as follows: “24 Assignment of guardianship by order of court (1) Any person having an interest in the care, well-being and development of a child may apply to the High Court for an order granting guardianship of the child to the applicant. (2) When considering an application contemplated in subsection (1), the court must take into account- (a) the best interests of the child; (b) the relationship between the applicant and the child, and any other relevant person and the child; and (c) any other fact that should, in the opinion of the court, be taken into account. (3) In the event of a person applying for guardianship of a child that already has a guardian, the applicant must submit reasons as to why the child’s existing guardian is not suitable to have guardianship in respect of the child.” The provisions are self-explanatory. What is interesting to note is that only the High Court can assign rights of guardianship over a minor child. The potential problem in that regard is that it can become inaccessible as not all persons can afford to take matters to the High Court. Looking at section 24 (4) of the Children’s Act, in our scenario above where the grandparents want guardianship, but the father is still alive, they must submit very good reasons as to why the father if he is a guardian, is not suitable to have guardianship in respect of the child. One such reason may be that he is and never was involved in the child’s life.Final words of maternal grandparents obtaining rights over their grandchildren
As can be seen above, it is possible for a non-parent to be assigned rights of care, contact and guardianship over a minor child. What the Court looks at is what interest you have, and whether your application is in the child’s best interest. Now let us look at what role the High Court play in children matters before we conclude.The High Court in Children Matters
The High Court is the upper guardian of all minor children within its jurisdiction. Therefore, should a matter concerning a child be brought before it, it would be able to adjudicate the matter and make an order as to what is in the minor child’s best interests. Therefore, seeing that guardianship is such an important aspect in a minor child’s life, one can see why the legislature only afforded the High Court with the power to assign rights of guardianship to interested parties.What to do if you want to be assigned with rights of care, contact and guardianship to a minor child
If you are an interested party in a minor child’s life and wish to be assigned rights of care, contact and guardianship; it is advised that you speak to a lawyer who is knowledgeable on sections 23 and 24 of the Children’s Act and familiar with Court Applications regarding minor children.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. Therefore, there is 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 consultation 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 are a 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. [caption id="attachment_5144" align="alignleft" width="183"]
Advocate Muhammad Abduroaf – Western Cape High Court – Cape Town[/caption] Or click here for the details of Cape Town Advocate, Muhammad Abduroaf or this advocate link to learn more. Visit our child custody and maintenance site for additional information. Post a family law question on:
Grandparent, Grandchildren, and the Law – Child Custody, Care and Guardianship The caregiving of minor children is in principle, supposed to be the joint responsibility of both parents. It took two parents to bring the child into this world. However, equal sharing of the responsibilities is not always the case. Continue Reading
Download your Free DIY Shariah Compliant Will
When a Muslim passes away, it is required that his or her estate be distributed in terms of Islamic Law. Download your free DIY Shariah Compliant will and execute your Shariah Will today. Click here. 
Download your Free DIY Shariah Compliant Will When a Muslim passes away, it is required that his or her estate be distributed in terms of Islamic Law. Download your free DIY Shariah Compliant will and execute your Shariah Will today. Click here.
Looking for Family Legal Services in Higgovale- 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 Higgovale 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 Higgovale
We have managed to compile a straightforward price list of some of our legal services in which we offer legal advice and legal guidance in. With that being said, we often have potential clients asking us for an overall view of what the service will cost. When it comes to child maintenance, child custody, contested/opposed divorces and so on; then an overview of the cost cannot be provided as this will be depend upon nature and circumstance of the legal matter. See our legal services page for an idea of what some of our legal services will cost.Legal Advice in Higgovale– Family law legal topics
For family law legal topics, we offer legal advice on a variety of family law topics, which include, but is not limited to:- 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
And while our consultation does come at a fee of R800; we have made our free, expert legal advice articles on our website, easily accessible for the layperson. See the following free, expert legal advice articles which was carefully crafted by the legal expert himself. These articles can be found within the following categories:Child Maintenance
- How to Apply for Child Maintenance at Court – Step by Step Guide and Advice
- Child Maintenance Question. How much should I pay or contribute as a p
- Child Support or maintenance claims. Does an unemployed father pay?
- Non-compliance with Maintenance Orders — Civil and Criminal Remedies
- Tricks and tips on how to win your child maintenance case
Child Custody
- The Law Regarding Children – The Children’s Act 38 of 2005
- 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?
- How do I get full custody over my child?
- Parental Child Abuse in Custody Cases
- Relocate with minor child. Parent Refusing Consent for a Passport
- Father being refused contact to his child! What are his rights as a Father?
- Father’s Parental Responsibilities and Rights to his Child
- Urgent Access to your Children without a Lawyer
- Parenting Plans and the Law
- What happens in a custody dispute where one parent is mentally ill?
- How to win your child custody and access court case – Tips and Tricks
- Rights of care, contact and guardianship of grandparents to their grandchildren – What does the law say?
Divorce and Property
- How to Change your Matrimonial Property Regime
- Do your own Unopposed Divorce. No lawyers needed and its Free.
- Parental Rights of Divorced Muslim parents after a Talaq or Faskh
- Free Online Divorce Assistance Form – DIY Cape Town South Africa comprising of:
So whether you’re residing in the Northern or Southern suburbs, we can assist you in your legal plight. Call our law offices on 021 424 3487, and have our friendly receptionist make an online appointment for you for a face to face, telephonic or Video Chat/Skype legal consultation.Legal consultation – telephonic, face to face or via video chat / Skype legal advice for those residing in Higgovale
Are you residing in Higgovale and concerned that legal advice and legal guidance may be out of your way? This could never be more far off from the truth. Our professional legal consultancy have taken such circumstances into account and have managed to accommodate for those residing in the Higgovale area. Our professional legal consultation can take place by virtue of video chat / Skype, email or telephonic for your convenience. We are currently based at Suit 702, 7th Floor, The Pinnacle (on the corner of Burg and Strand Street). Do you require an Attorney to handle your legal matter? No problem. Our law offices have built a wealth of legal connections to ease your plight. After assessing your legal matter during the consultation, we can refer you to an Attorney if necessary. However, we have managed to sustain a convenient online operation which will unfold within the following ways:- Call our friendly receptionist and ask to have an appointment made for you online which will only take a minute or two.
- You have the choice of deciding whether you would like a telephonic, email, video chat/Skype legal consultation.
- 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.
- We urge potential clients to read their email well as well as the terms and conditions within the email.
- Only once payment has been made, will the face to face legal consultation be confirmed.
- Bear in mind that the date and time of the legal consultation is subject to change on either our part or the potential client’s part. Hence the potential client is free to change the date and time should they later find a more convenient date or time.
Call our law offices on 021 424 3487, and have our friendly receptionist make an online appointment for you for a face to face, telephonic or Video Chat/Skype legal consultation.Free legal products if you live in Higgovale
Our law offices does not offer pro bono legal services as we are a Family Legal Consultancy that aims at offering expert, efficient legal advice and assistance on child maintenance, divorce, child custody and so forth. We have however, as mentioned previously, made our free, expert legal advice accessible to the layperson on our website. The creators of this website have compiled a “Free Family Law Resources” section, which can be found on our home page. The family law resources are as follows:- Free Basic Will Tool Kit
- Free Shariah Will Template
- Free Divorce Starter Tool Kit
- Free Child Maintenance Calculator
- Free DIY Urgent Child Contact Toolkit
- Urgent Holiday Contact Toolkit
You can now enjoy free, expert legal advice at the touch of a button. Call our law offices on 021 424 3487, and have our friendly receptionist make an online appointment for you for a face to face, telephonic or Video Chat/Skype legal consultation. Connect with us today!
Looking for Family Legal Services in Higgovale- 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 Continue Reading
Relocation with my minor child to United Arab Emirates, Dubai (Consent and Refusal) – Advocate Muhammad Abduroaf
The world is becoming a much smaller place, and technology plays a huge role. People are moving across the world for employment, love and happiness, something that was not the norm a few decades ago. There is no reason why you should remain in South Africa if you can find a better life for yourself and your family overseas. Moving overseas may provide you with the quality of life you want or the possibility of experiencing things you always wanted. The same applies to your child or children relocating with you. Relocation of your minor child to Dubai, United Arab Emirates
If you are single and do not have any minor children, then moving around the world would not be too complicated. All you need to do is ensure that you have the necessary travel documentation and travel ticket (and spending money), and off you go. However, if you want to travel with your minor children (for example, ages one or two) or relocate to another country, things may not be that simple. Firstly, if there is another parent, and he or she has parental responsibilities and rights, then his or her consent is required. For example, let us say you live in Grahamstown or Odendaalsrus, South Africa, and you want to relocate to Dubai, United Arab Emirates, you would require the other parent’s consent to leave South Africa with your minor child. This can cause challenges, especially if the staying parent (in South Africa) does not agree to the relocation. What about Passport Consent to travel or relocate to Dubai, United Arab Emirates?
The same applies when it comes to your minor child applying for a South African passport to relocate to United Arab Emirates, or any country. Both parents who have parental responsibilities and rights of guardianship will have to consent to the minor child’s passport application as well. In this regard, both parents have to be at the Department of Home Affairs (or the relevant bank that also assists with passport application) when making the Application with the minor child. This can be challenging if you have a disinterested parent who does not want to cooperate with the passport application. As you will see later, legal action would need to be taken. What are the steps to follow when I want to relocate to Dubai, United Arab Emirates with my minor child? There is another parent.
To simplify the process for relocation, the first step would be to receive the other parent’s consent in principle for the relocation and that he or she will co-operate in this regard. Once that has been resolved, the parent relocating would need to make the appointment for the minor child’s passport application as well as the application for the relevant VISA. Each country has different requirements; however, seeing that it is a relocation, you need to apply for the correct VISA. For that, you need the Passport.
Once the visa and travel arrangements have been finalised, the parent remaining behind will sign a parental consent letter for the international travel. That letter can be found on the Department of Home Affairs website. Basically, the parent remaining behind would state that he or she gives consent for the minor child to leave the Republic of South Africa and travel and/or relocate to Dubai, United Arab Emirates. What can I do if the other parent does not want to consent to the minor child’s relocation to Dubai, United Arab Emirates?
If the parent remaining in South Africa does not want to consent to the minor child’s passport application and/or his or her relocation to Dubai, United Arab Emirates, then you would need to approach the Court. The Court, as upper guardian of the minor child, may order that the parent’s consent for the passport application and relocation be dispensed with. What this entails is submitting Court documents explaining why you want to relocate to Dubai, United Arab Emirates. The other parent would also have an opportunity to give reasons why he or she objects.
At the end of the process, the Court would determine what is in the minor child’s best interests. If it is in the minor child’s best interests to relocate to Dubai, United Arab Emirates, the Court would make it possible despite the issue of consent or refusal. What is the first step I should take if the other parent does not want to consent to the minor child’s passport application and/or relocation to Dubai, United Arab Emirates?
If the other parent does not want to consent to the passport application and/or the relocation of the minor child to Dubai, United Arab Emirates – in that case, we suggest you approach an attorney or advocate (trust account) to assist you with the legal process. He or she would then contact the other parent explaining the reasons for the relocation and request the necessary consent. If the parent remaining in South Africa does still not agree to the passport application and/or to the relocation to Dubai, United Arab Emirates, then the attorney or advocate will proceed to take the matter to court. The legal route can be expensive. However, it is necessary to make the relocation of the minor child possible. You may also attend to the legal process yourself. Getting legal assistance or help with your relocation application to Dubai, United Arab Emirates
If you require legal assistance or representation with relocating to Dubai, United Arab Emirates due to the other parent not cooperating or providing consent, then feel free to contact us for assistance. The Firm Advocate, Muhammad Abduroaf, deals with these types of matters.
Relocation with my minor child to United Arab Emirates, Dubai (Consent and Refusal) – Advocate Muhammad Abduroaf The world is becoming a much smaller place, and technology plays a huge role. People are moving across the world for employment, love and happiness, something that was not the norm a few Continue Reading