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:

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"]

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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

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:

Posted on 11 February 2025 by Telelaw

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.

Posted on 11 February 2025 by Telelaw

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:

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

Child Custody

Divorce and Property

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, 7^th 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:

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!

Posted on 11 February 2025 by Telelaw

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.

Posted on 11 February 2025 by Telelaw

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

Child Maintenance Court – What do you have to know to win. Tips and Tricks
[caption id="attachment_8401" align="alignleft" width="640"] Child Custody of Parents[/caption]
Best interests of a child: When it comes to child maintenance, the child’s best interests are of paramount importance. This principle is immortalised in our Constitution and applied in our Courts of Law. Therefore, in relation to child maintenance matters, and specifically to the child maintenance court, the moment a parent files an application for child maintenance, the principal should apply. Before we move on, on a side note, it is not only child maintenance that the maintenance court deals with. A spouse may take the other to the maintenance court for personal maintenance. Read on above a Successful Child Maintenance Appeal before the Full Bench Argued by Adv M Abduroaf

Parental Maintenance Obligations

Both parents have a duty of support towards their minor child’s proper living and upbringing. This should be according to their means, standard of living, station in life, and the needs of the child. This is found in our common law and further applies to divorced parents. According to section 15(2) of the Maintenance Act, the duty “extends to such support as a child reasonably requires for his or her proper living and upbringing, and includes the provision of food, clothing, accommodation, medical care and education.” Furthermore, the duty is not discharged where one parent earns substantially more than the other. According to section 15(3) of the Maintenance Act, in determining the maintenance amount, the maintenance court must take into consideration the following: “(i) that the duty of supporting a child is an obligation which the parents have incurred jointly; (ii) that the parents’ respective shares of such obligation are apportioned between them according to their respective means; and (iii) that the duty exists, irrespective of whether a child is born in or out of wedlock or is born of a first or subsequent marriage. (b) Any amount so determined shall be such amount as the maintenance court may consider fair in all the circumstances of the case.” Lastly, there is an onus on both the maintenance officer and the maintenance magistrate in placing evidence before the court in determining a fair maintenance amount. This is our starting point going forward.

Processing the Maintenance Application

When a parent approaches the maintenance court for child maintenance, it is the duty of the maintenance clerk to expeditiously process the application. In doing so, the clerk through the other resources of the maintenance court, should ascertain the details of the other parent, and ensure that he or she is brought to court as soon as possible for a maintenance enquiry before a maintenance officer. Therefore, for example, should the maintenance clerk not have the living or work address of the father, then he or she must enlist the assistance of the maintenance investigator to obtain it. For that, he or she can make use of the search and tracking resources the maintenance investigator makes use of and has access to.

Getting the non-paying parent to the maintenance court

After the maintenance application has been processed, it is the duty of the maintenance court to ensure that the non-paying parent makes his or her way to the maintenance court as soon as possible for a maintenance enquiry. This enquiry is held before a maintenance officer. Even if the maintenance court’s diary is quite full, it should still expedite this process, giving both parents adequate time to make arrangements to appear in the maintenance court. Therefore, if the next available date for a maintenance enquiry is in three (3) months time, the parties can use this time to make arrangements with their work, obtain necessary information for the enquiry, or make alternative school traveling arrangements for the kids. There should therefore not be a delay in notifying the parents of the date of the maintenance enquiry. Furthermore, when notified of the court date, both parents receive a document stating what information they should bring with to the maintenance enquiry. These include three (3) months bank statements, and salary advices as well as proof of expenses. Giving the parties adequate time to obtain this information would be vital and, in the child’s best interests. The last thing we want is for the matter to be postponed to another date due to either parent not having been given adequate time to obtain the documents, even though the mother made the application many months ago.

The maintenance enquiry before a maintenance officer

The maintenance enquiry is the next legal step in the process. This is where things get interesting. Sometimes, at this enquiry, it is the first time the parents are in the same room together, since the child was conceived. Quite often, both parents do not know much about the current financial affairs of the other parent. The parent asked to pay child support, furthermore, does not know what the child costs to maintain.

Denial of paternity

What sometimes happens, is that the father denies paternity. This he would either do out of spite or due to genuine doubt on his side. This would often be the case if there was a brief encounter between the parents when the child was conceived. Sometimes the father is married to someone else, and for the sake of his current marriage, he needs to deny paternity. Once the paternity tests are finalised, the parties would need to return to court again for the results. If the results are positive, in that he is the father, then the enquiry proceeds. If he is not the biological father, the application is removed from the court roll.

Role of the maintenance officer

Again, the golden standard in which the enquiry should be conducted is that of the child’s best interests. This is of paramount importance. The maintenance officer should, therefore, ensure that all the financial information about the parties are properly disclosed. This is very important. However, at the same time, the maintenance officer should try to settle the matter, taking into consideration the child’s best interests. Should the parents not be forthcoming regarding their income and expenses, and the needs of the child, then the maintenance officer must subpoena witnesses if need be and make use of the maintenance investigator which we deal with next.

The maintenance investigator

Section 7(1)(d) of the Maintenance Act empowers the maintenance officer to “require a maintenance investigator of the maintenance court concerned to perform such other functions as may be necessary or expedient to achieve the objects of this Act.” Section 7(2)(e) of the Maintenance Act empowers the maintenance investigator after so being instructed by the maintenance officer, to: “gather information concerning- (i) the identification or whereabouts of any person who is legally liable to maintain the person mentioned in such complaint or who is allegedly so liable; (ii) the financial position of any person affected by such liability; or (iii) any other matter which may be relevant concerning the subject of such complaint; or (f) gather such information as may be relevant concerning a request referred to in subsection (1) (c). Now that we looked at the importance of the role of the maintenance officer and maintenance investigator, we move on to the role of the maintenance magistrate. This is where the formal enquiry takes place.

The formal enquiry before a Magistrate

Should the parties not be able to come to an agreement regarding the amount of child maintenance to be paid at the enquiry before the maintenance officer; the matter would have to go before the maintenance magistrate for a formal enquiry. Here the court has to properly consider the means and needs of the mother, the means and needs of the father, and the needs of the minor child. Thereafter, make a maintenance award. There is a legal obligation upon the maintenance officer and the magistrate to conduct a thorough enquiry. The court should not play the role of an umpire. Therefore, a passive attitude should not be taken by a judicial officer in a maintenance enquiry and then give judgment. Should all go well, at the end of the enquiry, a maintenance award would be made.

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If you find any of our articles 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.

Posted on 11 February 2025 by Telelaw

Child Maintenance Court – What do you have to know to win. Tips and Tricks Best interests of a child: When it comes to child maintenance, the child’s best interests are of paramount importance. This principle is immortalised in our Constitution and applied in our Courts of Law. Therefore, in Continue Reading

Relocation with my minor child to Turkey, Antalya (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 Antalya, Turkey
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 Uitenhage or Welkom, South Africa, and you want to relocate to Antalya, Turkey, 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 Antalya, Turkey?
The same applies when it comes to your minor child applying for a South African passport to relocate to Turkey, 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 Antalya, Turkey with my minor child? There isanother 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 Antalya, Turkey.
What can I do if the other parent does not want to consent to the minor child’s relocation to Antalya, Turkey?
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 Antalya, Turkey, 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 Antalya, Turkey. 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 Antalya, Turkey, 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 Antalya, Turkey?
If the other parent does not want to consent to the passport application and/or the relocation of the minor child to Antalya, Turkey – 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 Antalya, Turkey, 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 Antalya, Turkey
If you require legal assistance or representation with relocating to Antalya, Turkey due to the other parent not cooperating or providing consent, then feel free to contact us for assistance. The Firm Advocate, Muhammad Abduroaf, deals with these types of matters.

Posted on 11 February 2025 by Telelaw

Relocation with my minor child to Turkey, Antalya (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. Continue Reading

[caption id="attachment_8405" align="alignleft" width="640"] Co-parenting-child custody[/caption]
Child Custody, Maintenance, Divorce, Relocations, and other Questions and Answers

Our Lawyer (Pty) Ltd provides professional legal advice to their clients through the following options:
Face to Face (At our location in Cape Town);
Telephonic (We call you on the South African Landline / Mobile number provided);
Video (We make use of Skype, FaceTime, and WhatsApp Video Call)
If however, you have a quick and simple family law advice question you wish to ask, feel free to post it below. There would, therefore, be no need to set-up a consultation and pay a fee.

The question may relate to any of the following:

Child Maintenance;
Child Custody;
Divorce;
Relocation of minor children;
Change of minor children’s surname;
Guardianship rights;
Passport consent issues;
Domestic violence;
Parenting Plans;
and so on.

Useful family law Articles

Below are a few useful articles written by us.

Child Relocation, Passports, Custody, Surname Change, and the High Courts – Simplified

What does Child Relocation, Passport disputes, Custody issues, and surname changes have in common? They are all matters which a court of law resolves if the parties cannot do so. Other than child custody issues that can be resolved by the Children’s Court, disputes in relation to Child Relocation, Passport Disputes and Surname changes for minor children are dealt with in the various Provincial High Courts in South Africa where the child ore parties reside. Click here to read more…

Amendments to the Maintenance Act – Final Changes that took place in 2018 – Know your rights

Parents have a legal obligation to maintain their children. The same applies to spouses who have to maintain each other, and so on. This obligation should be exercised naturally. In other words, even if a parent did not know of the law enforcing child support, he or she should have a natural inclination to do so. Unfortunately, the true reality is that it is not the case. Countless parents are taken to the maintenance court every year due to not supporting, or inadequately supporting their children. And to be fair, there are parents who abuse the maintenance process who takes the parent to court who is already adequately contributing. Now, for the maintenance enforcement process to function, working mechanisms need to be in place. This is where the Maintenance Act 99 of 1998, and the Maintenance Amendment Act, 9 of 2015 come into play. Read on to learn more. Click here to read more…

Child Maintenance Saga: How a mother forced the father of her child to pay child maintenance after battling for 5 years

Maintenance Saga: When Jill was 17 years old, she met Jack. He was much older than her, working, and very charming. Jill was in her final year of high school and in love with Jack. One thing led to another, and Jill fell pregnant with his child. When she told Jack the good news, he asked her to have an abortion. She refused. Jack was then out of the picture and nowhere to be found. She did not know where he stayed, nor did she have his work details. All she had was his mobile number. This number was useless as he blocked her. The furthest thing from her mind at the time was the issue of child maintenance. Click here to read more…

Paternity disputes and Scientific DNA Testing in Child Legal Matters

Paternity disputes are not uncommon in our courts of law. What sparks them varies, however, all disputes are messy. For one, the mere allegation that he is not the father of the child may directly or indirectly affect the dignity of the mother, and that of the child. In other words, it is suggested that she had more than one sexual partner at the time, and the child was born from such a relationship. Nonetheless, the issue can speedily be resolved through scientific DNA testing. Click here to read more…

Victory for Muslim Marriages in South Africa – Court gives the State 2 (two) years to enact legislation

On 31 August 2018, the Western Cape High Court handed down a ground-breaking judgment. In effect, it Orders the State to prepare, initiate, introduce, enact, and bring into operation, diligently, and without delay, legislation to recognise Muslim marriages. The High Court gave the State exactly two (2) years to attend to the latter process. This two (2) years would only be suspended if the matter is taken to the Constitutional Court. However, should the matter not be taken to the Constitutional Court for final determination, and the State does not enact the legislation, then by default, Muslim marriages may be dissolved in accordance with the Divorce Act 70 of 1979. Therefore, it is up to the State to action matters urgently. Click here to read more…

Passport Applications for minor children: What you need to know – Department of Home Affairs – Questions and Answers

Should you require any advice on an application for a passport of a minor, where the co-parent refuses to consent or co-operate; feel free to set up a consultation with us. You may call 0211110090 or click here to do it online.

Leaving South Africa, and visiting another country is something many people do on a daily basis. The reason, therefore, could either be for a holiday, business, a death in the family, and so on. Or it might be to relocate to another country to start a new life, either alone, or with your spouse or children. Whatever the reason is, you require a passport when leaving South Africa. For an adult, all you need to do is visit your nearest Department of Home Affairs Offices, with proof of identity, and the prescribed fees, and take your picture, fingerprints, etc. However, if you are a minor child, under the age of 18, it is not that simple. You would need to go with both your parents, and they need to provide their consent. Click here to read more…

Father battles for 3 years to finally see his child. This he did with the help of a social worker, lawyer and the court. He now has regular contact with his child.

Custody, Contact, and Guardianship are parental responsibilities of all parents. Once the child is born, both parents not only have a right but a duty to form part of a child’s life. This is also the right of the child. Therefore, a parent cannot deny the other parent from exercising his or her parental responsibilities and rights. The Courts have a duty to ensure that a child’s best interests are met when approached. It is therefore of paramount importance that parents ensure that parental responsibilities and rights are exercise and enforced where necessary. This includes the responsibility of paying child maintenance. Click here to read more…

Posted on 11 February 2025 by Telelaw

Child Custody, Maintenance, Divorce, Relocations, and other Questions and Answers Our Lawyer (Pty) Ltd provides professional legal advice to their clients through the following options: Face to Face (At our location in Cape Town); Telephonic (We call you on the South African Landline / Mobile number provided); Video Continue Reading

Relocation of minor children – Frequenty Asked Question – Do I need a lawyer?
The only situation in which a relocation question regarding a minor child becomes a legal one is when one parent wishes to relocate with the child while the other parent does not consent. In such cases, legal assistance is necessary. If the parents cannot reach an agreement, the matter must be taken to court, which will then decide what is in the best interest of the minor child. For example, if one parent wants to relocate to Canada but the other parent refuses to consent to the child’s passport application and the relocation itself, the parent wishing to relocate would need to approach the High Court to seek permission to relocate without the other parent’s consent. After hearing both sides, the court will determine whether to authorize the relocation.
Do I need a lawyer?
The short answer is no. You do not need a lawyer to ask the court for permission to obtain a passport for a minor child or to relocate. However, it is always advisable to have a lawyer, as they understand the laws and processes involved. Should you wish to schedule a consultation with us, please complete the form below:

Posted on 11 February 2025 by Telelaw

Relocation of minor children – Frequenty Asked Question – Do I need a lawyer? The only situation in which a relocation question regarding a minor child becomes a legal one is when one parent wishes to relocate with the child while the other parent does not consent. In such cases, Continue Reading

Our Lawyer (Pty) Ltd Legal Services in South Africa – Online | Face to Face | Video
We provide legal services and advice on a range of legal issues. Contact us today to set up a meeting with a legal advisor. Visit www.ourlawyer.co.za/advice. [caption id="attachment_8331" align="alignleft" width="640"] Lawyers Court Legal Services and Advice Cape Town South Africa[/caption] [caption id="attachment_8330" align="alignleft" width="481"] Personal Injury Legal Services and Advice Cape Town South Africa[/caption] [caption id="attachment_8328" align="alignleft" width="640"] Lawyer Justice Legal Services and Advice Cape Town South Africa[/caption] [caption id="attachment_8327" align="alignleft" width="640"] Judge Legal Services and Advice Cape Town South Africa[/caption] [caption id="attachment_8326" align="alignleft" width="640"] Justice people Legal Services and Advice Cape Town South Africa[/caption] [caption id="attachment_8325" align="alignleft" width="640"] Rights Legal Services and Advice Cape Town South Africa[/caption]

Posted on 11 February 2025 by Telelaw

Our Lawyer (Pty) Ltd Legal Services in South Africa – Online | Face to Face | Video We provide legal services and advice on a range of legal issues. Contact us today to set up a meeting with a legal advisor. Visit www.ourlawyer.co.za/advice.

Advocate of the High Court of South Africa – The Advocate’s Profession in South Africa

Let us ask advocate Muhammad Abduroaf a few questions
[caption id="attachment_8831" align="alignleft" width="243"] Eastern Cape High Court (Bhisho)
Free State High Court (Bloemfontein)
Western Cape High Court (Cape Town)
KwaZulu-Natal High Court (Durban)
Eastern Cape High Court (Grahamstown)
South Gauteng High Court (Johannesburg)
Northern Cape High Court (Kimberley)
KwaZulu-Natal High Court (Pietermaritzburg)
Eastern Cape High Court (Port Elizabeth)
North Gauteng High Court (Pretoria)
Limpopo High Court (Thohoyandou)
Eastern Cape High Court (Mthatha)
North West High Court, Mafikeng (Mmabatho) and
Polokwane Circuit Court of the North Gauteng High Court, Pretoria[/caption] South African law has recently changed when it comes to advocates. Now it is possible for advocates to obtain trust accounts which were impossible in the past. By doing so, they would be allowed to take instructions directly from the public. In other words, the client does not first need to see an attorney. Here the Legal Practice Act No. 28 of 2014 comes into play. More than a year has elapsed since the Act has been operating in full swing. Further below, we tapped into the experience of Advocate Muhammad Abduroaf, a practising advocate of the High Court of South Africa. He gives us some insight into the advocate profession. Although his office is located in Cape Town, he appeared and represented clients in other towns and provinces as well.
What is the difference between an advocate and an attorney?
Both advocates and attorneys are lawyers or legal practitioners. In simple terms, the attorney is seen as a general practitioner, and an advocate is a specialist. This is however not always the case. Many attorneys now appear in the High Court, and as stated, advocates may obtain trust accounts. The development where an attorney can now appear in the High Court came into existence some years ago. Usually, on TV, you would see the advocate wearing the black robe and the attorney in the smart suit next to him or her.
What type of work do advocates do?
Generally, advocates practice in the Higher Courts of South Africa. Here we refer to the High Courts, Supreme Court of Appeal, and the main one, the Constitutional Court. The Attorney would be the one who would do the groundwork, and if need be, instruct the advocate to attend to the more complicated aspects of the case. For example, the advocate would be drafting pleadings, or affidavits, and attending to arguing the matter before a judge and so on. Not to say the other aspects of litigation are not difficult; the latter items are however best suited for advocates to attend to.
Do advocates give legal opinions on legal matters?
Advocates would furthermore also be asked to give their legal opinion on a legal matter. An attorney would usually meet with his or her client and discuss the problem at hand, and thereafter instruct an advocate to give his view on the matter. For example, if a client wants to know the prospects of success in a given legal case. The advocate would then spend time researching the law and finding answers to the legal issue at hand. Here again, this type of work would be best suited for an advocate. [caption id="attachment_8825" align="alignleft" width="159"] Eastern Cape High Court (Bhisho)
Free State High Court (Bloemfontein)
Western Cape High Court (Cape Town)
KwaZulu-Natal High Court (Durban)
Eastern Cape High Court (Grahamstown)
South Gauteng High Court (Johannesburg)
Northern Cape High Court (Kimberley)
KwaZulu-Natal High Court (Pietermaritzburg)
Eastern Cape High Court (Port Elizabeth)
North Gauteng High Court (Pretoria)
Limpopo High Court (Thohoyandou)
Eastern Cape High Court (Mthatha)
North West High Court, Mafikeng (Mmabatho) and
Polokwane Circuit Court of the North Gauteng High Court, Pretoria[/caption]
Where are the High Courts in South Africa?
In South Africa, we have 14 (fourteen) divisions of the High Court. They are as follows
Eastern Cape High Court (Bhisho)
Free State High Court (Bloemfontein)
Western Cape High Court (Cape Town)
KwaZulu-Natal High Court (Durban)
Eastern Cape High Court (Grahamstown)
South Gauteng High Court (Johannesburg)
Northern Cape High Court (Kimberley)
KwaZulu-Natal High Court (Pietermaritzburg)
Eastern Cape High Court (Port Elizabeth)
North Gauteng High Court (Pretoria)
Limpopo High Court (Thohoyandou)
Eastern Cape High Court (Mthatha)
North West High Court, Mafikeng (Mmabatho) and
Polokwane Circuit Court of the North Gauteng High Court, Pretoria
There is also circuit court.

Do advocates appear in the Magistrate’s Court?
Furthermore, advocates also appear in the lower courts. For example, the Magistrates’ Court, Maintenance Court, Children’s Court and so on. Many times, complicated issues arise in matters that are adjudicated in the Magistrate’s Court. For example, big corporates fighting over an issue that is best suited for the Magistrate’s Court. In those cases, it would be prudent to instruct and advocate with the necessary experience and skills. [caption id="attachment_8830" align="alignleft" width="130"] Eastern Cape High Court (Bhisho)
Free State High Court (Bloemfontein)
Western Cape High Court (Cape Town)
KwaZulu-Natal High Court (Durban)
Eastern Cape High Court (Grahamstown)
South Gauteng High Court (Johannesburg)
Northern Cape High Court (Kimberley)
KwaZulu-Natal High Court (Pietermaritzburg)
Eastern Cape High Court (Port Elizabeth)
North Gauteng High Court (Pretoria)
Limpopo High Court (Thohoyandou)
Eastern Cape High Court (Mthatha)
North West High Court, Mafikeng (Mmabatho) and
Polokwane Circuit Court of the North Gauteng High Court, Pretoria[/caption]
Do advocates do criminal work?
If there is a criminal matter pending in the High Court, usually an advocate would be briefed to attend to it. However, as stated, some attorneys have rights of appearance in the High Court. Advocates would usually attend to criminal matters in the Magistrates’ Court as well. This would either be District Court matters, or Regional Court matters. As you would have guessed, the High Court would deal with more serious offences.
We would like to hear from Advocate Muhammad Abduroaf
We asked advocate Muhammad Abduroaf, a practising advocate of the High Court of South Africa some questions regarding the advocate’s profession. He has over a decade and a half of litigation experience.
Legal Experience:
Our Lawyer: When were you admitted as an advocate of the High Court of South Africa? Advocate Abduroaf: I was admitted as an advocate of the High Court of South Africa in 2003. It feels like yesterday when the Judge President and Deputy Judge President of the Western Cape High Court admitted me. That time, it was still called the Cape of Good Hope Provincial Division of the High Court. [caption id="attachment_8828" align="alignleft" width="140"] Eastern Cape High Court (Bhisho)
Free State High Court (Bloemfontein)
Western Cape High Court (Cape Town)
KwaZulu-Natal High Court (Durban)
Eastern Cape High Court (Grahamstown)
South Gauteng High Court (Johannesburg)
Northern Cape High Court (Kimberley)
KwaZulu-Natal High Court (Pietermaritzburg)
Eastern Cape High Court (Port Elizabeth)
North Gauteng High Court (Pretoria)
Limpopo High Court (Thohoyandou)
Eastern Cape High Court (Mthatha)
North West High Court, Mafikeng (Mmabatho) and
Polokwane Circuit Court of the North Gauteng High Court, Pretoria[/caption]
Our Lawyer: What are your academic qualifications
Advocate Abduroaf: I hold an LL.B and an LL.M (Master of Laws), both from the University of the Western Cape. However, to become an advocate, you only require an LL.B.
Our Lawyer: What do you believe are the qualities required to become an advocate?
Advocate Abduroaf: I think hard work and dedication is the key recipe to be a good advocate. One thing for sure, you cannot be lazy. You will not make it out there if you are.
Our Lawyer: Is it hard practising as an advocate?
Advocate Abduroaf? Initially, it was very challenging. As you gain more experience, it becomes easier. It’s like anything in life, the more you focus on perfecting it, the easier it gets. There are still times when I am faced with a challenging case. I then dig deep and do my best. Our Lawyer: How do you cope with being an advocate? Advocate Abduroaf. Firstly, I try to live a balanced life. Focusing on various aspects of life, and not only work. As an advocate, your most valued tool is your mind. If your mind is not sharp, you would be disadvantaged. I, therefore, try to keep fit and live a healthy balanced lifestyle.
Our Lawyer: Are there cases you do not like to do?
Advocate Abduroaf: I love the law and enjoy practising it. However, there are times when you are faced with challenges. For example, the case that comes to you is in a mess, or your client has a week case, but still wishes to proceed. In such a case, things become challenging as you will most of the time be on the back-foot. [caption id="attachment_8827" align="alignleft" width="121"] Advocate High Court – Gauteng JohannesburgEastern Cape High Court (Bhisho)
Free State High Court (Bloemfontein)
Western Cape High Court (Cape Town)
KwaZulu-Natal High Court (Durban)
Eastern Cape High Court (Grahamstown)
South Gauteng High Court (Johannesburg)
Northern Cape High Court (Kimberley)
KwaZulu-Natal High Court (Pietermaritzburg)
Eastern Cape High Court (Port Elizabeth)
North Gauteng High Court (Pretoria)
Limpopo High Court (Thohoyandou)
Eastern Cape High Court (Mthatha)
North West High Court, Mafikeng (Mmabatho) and
Polokwane Circuit Court of the North Gauteng High Court, Pretoria
clients in other cities or provinces?[/caption] Advocate Abduroaf: If the need arises and the client is willing to pay for the additional costs, then I would be happy to attend to matters in courts outside of Cape Town. Depending on where the court is situated, I would either fly down the morning or fly the night before.
Our Lawyer: Any last words for aspiring advocates out there?
Advocate Abduroaf: Work hard, focus, and keep your head down and don’t look around. The next thing you know, you will be the best out there. Eastern Cape High Court (Bhisho) Free State High Court (Bloemfontein) Western Cape High Court (Cape Town) KwaZulu-Natal High Court (Durban) Eastern Cape High Court (Grahamstown) South Gauteng High Court (Johannesburg) Northern Cape High Court (Kimberley) KwaZulu-Natal High Court (Pietermaritzburg) Eastern Cape High Court (Port Elizabeth) North Gauteng High Court (Pretoria) Limpopo High Court (Thohoyandou) Eastern Cape High Court (Mthatha) North West High Court, Mafikeng (Mmabatho) and Polokwane Circuit Court of the North Gauteng High Court, Pretoria

Posted on 11 February 2025 by Telelaw

Advocate of the High Court of South Africa – The Advocate’s Profession in South Africa Let us ask advocate Muhammad Abduroaf a few questions South African law has recently changed when it comes to advocates. Now it is possible for advocates to obtain trust accounts which were impossible in Continue Reading

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