Our Lawyer (Pty) Ltd supports International Child Support Day 2019 10 December 2019, marks International Child Support Day. It is an initiative coined by Child Maintenance Difficulties in South Africa. Child Maintenance Difficulties in South Africa is headed and steered by an inspirational woman, Felicity An Guest. Click on this Continue Reading
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I am concerned about my niece’s wellbeing. Is it possible for me to obtain rights of custody and guardianship over her? The parents are still alive but divorced.
We often receive enquiries from family members of minor children wanting to know whether they can obtain rights of custody or guardianship over a minor child. The client could be a grandmother, an aunt, or in some instances, a former step-parent. Let us take you through a scenario where an aunt wishes to obtain sole custody and guardianship over a minor child. Should you be an interested party wishing to obtain parental responsibilities and rights over a minor child; feel free to contact us for a legal advice consultation.The scenario: The minor child is being primarily cared for by the paternal aunt
The parents of a minor child, age 16, are married and living together. The minor child, who is in grade 10, frequents the home of her paternal aunt. The parents live very busy lives, and often have to travel overseas on separate business trips for extended periods. The minor child sometimes doesn’t see her parents for weeks on end. Nonetheless, she is well cared for by her aunt, during the week, and on most weekends, and whilst her parents are away on business. Basically, you can say the aunt is her primary caregiver, since birth. The aunt has her own family, however, her husband passed away before the minor child was born. She has two adult children of her own living with her. They are both at university. The minor child is very fond of them and sees them as her older siblings. She even tells her friends they are her siblings. The aunt collects the minor child from school, takes her to her extramural activities and assists her with her homework every day. She even used to bathe her at her home and makes sure she has supper before one of her parents or the driver collects her the evening. A few weeks ago, the parents separated and the father moved to a different province due to work. The mother on the other hand, who has no time for the minor child, wants her to attend boarding school. This is a different school. Her current school is close to where the aunt resides. The mother now does not want the minor child to have any contact with the aunt or any of her husband’s family. Now let us see what the law has to say about this scenario.Do aunts and uncles have parental rights and responsibilities over their nieces and nephews?
If you are not the biological parents of a minor child, you do not have parental responsibilities and rights over him or her. In other words, you do not have a right to have contact with the minor child. If the parents do not want the aunt or uncle to visit the child; then they have to adhere to it. The same applies to decisions regarding the minor child. It is the parents who must make decisions on the minor child’s behalf. In the scenario above, the aunt can’t demand that she wants the minor child to visit her every day as she did in the past. She is welcome to ask, but if the parents refuse, that would be it. Now let us look at the law that could assist the aunt.Does the law assist interested parties in obtaining parental responsibilities and rights?
Obviously, it won’t be in the minor child’s best interests if she is placed in a boarding school and no longer have contact with the aunt and her cousins. Luckily, the Children’s Act 38 of 2005 comes to her assistance. It makes it possible for the assignment of contact and care to interested persons by order of the court. Furthermore, the Children’s Act makes it possible for a person having an interest in the care, well-being and development of a child to apply to the High Court for an order granting guardianship of the child to the applicant. In this case, it would be the aunt referred to above. Have a look at the relevant sections of the Children’s Act next. You may skip the reading of the relevant section of the Children’s Act and read on further below. 23 Assignment of contact and care to interested person by order of court
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. 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. How does the law assist the aunt in the scenario above?
We would advise the aunt to make use of section 23 of the Children’s Act for the assignment of contact and care rights to her. The Application would be made to the relevant court. If she is successful, she will then still be able to have the minor child at her home after school and assist her. As the minor child is almost an adult, and her mother is around, we do not think it is necessary for her to be assigned rights of guardianship over the minor child. We are certain that you found the above article useful and interesting. Please consider sharing it on the share buttons below. They include Facebook, Twitter, LinkedIn, WhatsApp, Gmail and more. Someone may find it useful as well. Should you require business advice or services, feel free to click on these links: Business SA | Private Legal | Envirolaws
I am concerned about my niece’s wellbeing. Is it possible for me to obtain rights of custody and guardianship over her? The parents are still alive but divorced. We often receive enquiries from family members of minor children wanting to know whether they can obtain rights of custody or guardianship Continue Reading
What parents need to know should they wish to relocate from South Africa to the United Kingdom, Australia, United States, New Zealand or Canada with their minor child
We often receive queries and requests for advice and assistance on issues relating to relocation to another country with a minor child. Related topics relate to the issue of consent for the application for a Passport for a minor child. Sometimes the issue of changing the child’s surname comes into the picture. Of course, if parents are in agreement regarding the issue of relocation and a passport application, all should go well. You may want to see a lawyer to formalise the arrangement to avoid any issues whilst the parent and the child lives abroad. However, if there are potential complications or issues of consent not being forthcoming, then this article would be of assistance.Why relocate, or emigrate from South Africa to the United Kingdom, Australia, United States, New Zealand, Canada, or elsewhere?
In no particular order, you would find someone relocating from South Africa to the following destinations: The United Kingdom, Australia, United States, New Zealand, Canada, Angola, Botswana, Chile, Zimbabwe, Germany, Netherlands, Swaziland, Israel, Portugal, Mozambique, Ireland, Malawi, Switzerland. Namibia and Greece. The reasons for the relocation vary. For some, it is for a better life, work, or to live with a new spouse or partner. For others, it may just be to explore the world. If there are children involved, then relocation won’t be that easy. Especially so if both parents live in South Africa, and the other wants to relocate with the minor child. In other words, parents who have parental responsibilities and rights need to be considered.Parental Responsibilities and rights of parents (Applicable to South Africa)
Generally, both parents would have parental rights and responsibilities over a child. We say generally, as this would not always be the case. Mothers automatically have full parental responsibilities and rights over the child. If a parent has parental rights and responsibilities over a minor child; this could entail the right and responsibility to care for the child, have contact with the child and at the same time to act as guardian for the child. This article would deal with the issue of guardianship. If the parties were married the father will automatically have full parental rights and responsibilities over a minor child born from the marriage. If the parties were not married then in short, if the father was involved in the child’s life, he can acquire full parental rights and responsibilities over the minor child. Involvement entails having regular contact with the child and paying maintenance if he can afford so. If the mother refuses to let the father have contact, despite him making a concerted effort, or he cannot afford to pay maintenance, that would be considered.The parental responsibilities and rights of guardianship (Applicable to South Africa)
Guardians of a minor child have specific rights and responsibilities. Under certain circumstances, both the minor child’s guardians must consent for certain matters. In relation to this article, both guardians must consent for the departure and removal of the minor child from South Africa, and the application for a passport for the minor child. The same would apply for a surname change.What to do if a parent does not want to consent for the minor child relocating with a parent overseas, for example, Germany?
Before a parent should consider relocating, he or she must first ensure that the child’s best interests would be upheld should the relocation take place. Therefore, the parent should ensure that all the following are attended to:A decent place to live overseas
For the other parent (the one remaining in South Africa), and the court to properly consider your wish to relocate with the minor child, it is important that there is a decent place for the minor child to live, albeit very modest. It would be difficult to convince the court to allow you to relocate with the child if you intend to find accommodation only once you arrive overseas. Often a parent would live with a relative or friend overseas. In other cases, the employer would arrange for accommodation.Being able to maintain yourself and the child after you relocated
We doubt that any parent would agree that you may relocate with the child to a country, for example, Canada and you would have to look for work only when you arrive there. This scenario would most probably apply to someone who has dual citizenship or is already a citizen of the country he or she intends to relocate to. But in this case, he or she wants to take the minor child with him or her. Arrangements would have to be made in South Africa. Obviously, one would require a work permit to remain in the country for an extended period of time. If you are relocating on a spousal visa, things would be different. At the end of the day, the court would have to be satisfied that proper arrangements are in place prior to consenting to the relocation when the other parent refuses.Schooling for the minor child
When the minor child relocates, he or she would have to be enrolled in a school, let’s say in New York. If the child is a toddler, this would not necessarily be an issue. However, if the child is at school-going age, then arrangements would have to be made in South Africa, prior to considering the relocation.Other factors to consider
There are various further factors to consider when dealing with relocation with a minor child. Some of them relate to how contact would be exercised while the minor child is overseas. Basically, each case is different. However, all relevant factors need to be presented to the court.When to approach the Court
Once you have done your homework and made the necessary arrangements, you should finally request the consent of the other parent to relocate. If consent is not provided, then you would need to approach the relevant Court. An application would have to be made, with a Notice of Motion, and Founding Affidavit. The documents would also be served on the other parent who would have an opportunity to give their version. At the end of the day, the court would decide what is best for the child and not the parents concerned. We are certain that you found the above article useful and interesting. Please consider sharing it on the share buttons below. They include Facebook, Twitter, LinkedIn, WhatsApp, Gmail and more. Someone may find it useful as well. Should you require business advice or services, feel free to click on these links: Business SA | Private Legal | Envirolaws
What parents need to know should they wish to relocate from South Africa to the United Kingdom, Australia, United States, New Zealand or Canada with their minor child We often receive queries and requests for advice and assistance on issues relating to relocation to another country with a minor child. Continue Reading
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Relocation consent Court Order for minor child to the United States of America- USA – Advocate Muhammad Abduroaf[/caption]I want to relocate from South Africa to the United States of America (USA) with my minor child. The other parent does not want my child to relocate to the United States of America. What can I do?
The United States of America 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 the United States of America, if a minor child will be joining that parent and also relocating to the United States of America, 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 the United States of America. Before we do so, let us list the various cities and towns in the United States of America to which you may want to relocate: Alabama, Alexander City, Andalusia, Anniston, Athens, Atmore, Auburn, Bessemer, Birmingham, Chickasaw, Clanton, Cullman, Decatur, Demopolis, Dothan, Enterprise, Eufaula, Florence, Fort Payne, Gadsden, Greenville, Guntersville, Huntsville, Jasper, Marion, Mobile, Montgomery, Opelika, Ozark, Phenix City, Prichard, Scottsboro, Selma, Sheffield, Sylacauga, Talladega, Troy, Tuscaloosa, Tuscumbia, Tuskegee, Alaska, Anchorage, Cordova, Fairbanks, Haines, Homer, Juneau, Ketchikan, Kodiak, Kotzebue, Nome, Palmer, Seward, Sitka, Skagway, Valdez, Arizona, Ajo, Avondale, Bisbee, Casa Grande, Chandler, Clifton, Douglas, Flagstaff, Florence, Gila Bend, Glendale, Globe, Kingman, Lake Havasu City, Mesa, Nogales, Oraibi, Phoenix, Prescott, Scottsdale, Sierra Vista, Tempe, Tombstone, Tucson, Walpi, Window Rock, Winslow, Yuma, Arkansas, Arkadelphia, Arkansas Post, Batesville, Benton, Blytheville, Camden, Conway, Crossett, El Dorado, Fayetteville, Forrest City, Fort Smith, Harrison, Helena, Hope, Hot Springs, Jacksonville, Jonesboro, Little Rock, Magnolia, Morrilton, Newport, North Little Rock, Osceola, Pine Bluff, Rogers, Searcy, Stuttgart, Van Buren, West Memphis, California, Alameda, Alhambra, Anaheim, Antioch, Arcadia, Bakersfield, Barstow, Belmont, Berkeley, Beverly Hills, Brea, Buena Park, Burbank, Calexico, Calistoga, Carlsbad, Carmel, Chico, Chula Vista, Claremont, Compton, Concord, Corona, Coronado, Costa Mesa, Culver City, Daly City, Davis, Downey, El Centro, El Cerrito, El Monte, Escondido, Eureka, Fairfield, Fontana, Fremont, Fresno, Fullerton, Garden Grove, Glendale, Hayward, Hollywood, Huntington Beach, Indio, Inglewood, Irvine, La Habra, Laguna Beach, Lancaster, Livermore, Lodi, Lompoc, Long Beach, Los Angeles, Malibu, Martinez, Marysville, Menlo Park, Merced, Modesto, Monterey, Mountain View, Napa, Needles, Newport Beach, Norwalk, Novato, Oakland, Oceanside, Ojai, Ontario, Orange, Oroville, Oxnard, Pacific Grove, Palm Springs, Palmdale, Palo Alto, Pasadena, Petaluma, Pomona, Port Hueneme, Rancho Cucamonga, Red Bluff, Redding, Redlands, Redondo Beach, Redwood City, Richmond, Riverside, Roseville, Sacramento, Salinas, San Bernardino, San Clemente, San Diego, San Fernando, San Francisco, San Gabriel, San Jose, San Juan Capistrano, San Leandro, San Luis Obispo, San Marino, San Mateo, San Pedro, San Rafael, San Simeon, Santa Ana, Santa Barbara, Santa Clara, Santa Clarita, Santa Cruz, Santa Monica, Santa Rosa, Sausalito, Simi Valley, Sonoma, South San Francisco, Stockton, Sunnyvale, Susanville, Thousand Oaks, Torrance, Turlock, Ukiah, Vallejo, Ventura, Victorville, Visalia, Walnut Creek, Watts, West Covina, Whittier, Woodland, Yorba Linda, Yuba City, Colorado, Alamosa, Aspen, Aurora, Boulder, Breckenridge, Brighton, Canon City, Central City, Climax, Colorado Springs, Cortez, Cripple Creek, Denver, Durango, Englewood, Estes Park, Fort Collins, Fort Morgan, Georgetown, Glenwood Springs, Golden, Grand Junction, Greeley, Gunnison, La Junta, Leadville, Littleton, Longmont, Loveland, Montrose, Ouray, Pagosa Springs, Pueblo, Silverton, Steamboat Springs, Sterling, Telluride, Trinidad, Vail, Walsenburg, Westminster, Connecticut, Ansonia, Berlin, Bloomfield, Branford, Bridgeport, Bristol, Coventry, Danbury, Darien, Derby, East Hartford, East Haven, Enfield, Fairfield, Farmington, Greenwich, Groton, Guilford, Hamden, Hartford, Lebanon, Litchfield, Manchester, Mansfield, Meriden, Middletown, Milford, Mystic, Naugatuck, New Britain, New Haven, New London, North Haven, Norwalk, Norwich, Old Saybrook, Orange, Seymour, Shelton, Simsbury, Southington, Stamford, Stonington, Stratford, Torrington, Wallingford, Waterbury, Waterford, Watertown, West Hartford, West Haven, Westport, Wethersfield, Willimantic, Windham, Windsor, Windsor Locks, Winsted, Delaware, Dover, Lewes, Milford, New Castle, Newark, Smyrna, Wilmington, Florida, Apalachicola, Bartow, Belle Glade, Boca Raton, Bradenton, Cape Coral, Clearwater, Cocoa Beach, Cocoa-Rockledge, Coral Gables, Daytona Beach, De Land, Deerfield Beach, Delray Beach, Fernandina Beach, Fort Lauderdale, Fort Myers, Fort Pierce, Fort Walton Beach, Gainesville, Hallandale Beach, Hialeah, Hollywood, Homestead, Jacksonville, Key West, Lake City, Lake Wales, Lakeland, Largo, Melbourne, Miami, Miami Beach, Naples, New Smyrna Beach, Ocala, Orlando, Ormond Beach, Palatka, Palm Bay, Palm Beach, Panama City, Pensacola, Pompano Beach, Saint Augustine, Saint Petersburg, Sanford, Sarasota, Sebring, Tallahassee, Tampa, Tarpon Springs, Titusville, Venice, West Palm Beach, White Springs, Winter Haven, Winter Park, Georgia, Albany, Americus, Andersonville, Athens, Atlanta, Augusta, Bainbridge, Blairsville, Brunswick, Calhoun, Carrollton, Columbus, Dahlonega, Dalton, Darien, Decatur, Douglas, East Point, Fitzgerald, Fort Valley, Gainesville, La Grange, Macon, Marietta, Milledgeville, Plains, Rome, Savannah, Toccoa, Valdosta, Warm Springs, Warner Robins, Washington, Waycross, Hawaii, Hanalei, Hilo, Honaunau, Honolulu, Kahului, Kaneohe, Kapaa, Kawaihae, Lahaina, Laie, Wahiawa, Wailuku, Waimea, Idaho, Blackfoot, Boise, Bonners Ferry, Caldwell, Coeur d’Alene, Idaho City, Idaho Falls, Kellogg, Lewiston, Moscow, Nampa, Pocatello, Priest River, Rexburg, Sun Valley, Twin Falls, Illinois, Alton, Arlington Heights, Arthur, Aurora, Belleville, Belvidere, Bloomington, Brookfield, Cahokia, Cairo, Calumet City, Canton, Carbondale, Carlinville, Carthage, Centralia, Champaign, Charleston, Chester, Chicago, Chicago Heights, Cicero, Collinsville, Danville, Decatur, DeKalb, Des Plaines, Dixon, East Moline, East Saint Louis, Effingham, Elgin, Elmhurst, Evanston, Freeport, Galena, Galesburg, Glen Ellyn, Glenview, Granite City, Harrisburg, Herrin, Highland Park, Jacksonville, Joliet, Kankakee, Kaskaskia, Kewanee, La Salle, Lake Forest, Libertyville, Lincoln, Lisle, Lombard, Macomb, Mattoon, Moline, Monmouth, Mount Vernon, Mundelein, Naperville, Nauvoo, Normal, North Chicago, Oak Park, Oregon, Ottawa, Palatine, Park Forest, Park Ridge, Pekin, Peoria, Petersburg, Pontiac, Quincy, Rantoul, River Forest, Rock Island, Rockford, Salem, Shawneetown, Skokie, South Holland, Springfield, Streator, Summit, Urbana, Vandalia, Virden, Waukegan, Wheaton, Wilmette, Winnetka, Wood River, Zion, Indiana, Anderson, Bedford, Bloomington, Columbus, Connersville, Corydon, Crawfordsville, East Chicago, Elkhart, Elwood, Evansville, Fort Wayne, French Lick, Gary, Geneva, Goshen, Greenfield, Hammond, Hobart, Huntington, Indianapolis, Jeffersonville, Kokomo, Lafayette, Madison, Marion, Michigan City, Mishawaka, Muncie, Nappanee, Nashville, New Albany, New Castle, New Harmony, Peru, Plymouth, Richmond, Santa Claus, Shelbyville, South Bend, Terre Haute, Valparaiso, Vincennes, Wabash, West Lafayette, Iowa, Amana Colonies, Ames, Boone, Burlington, Cedar Falls, Cedar Rapids, Charles City, Cherokee, Clinton, Council Bluffs, Davenport, Des Moines, Dubuque, Estherville, Fairfield, Fort Dodge, Grinnell, Indianola, Iowa City, Keokuk, Mason City, Mount Pleasant, Muscatine, Newton, Oskaloosa, Ottumwa, Sioux City, Waterloo, Webster City, West Des Moines, Kansas, Abilene, Arkansas City, Atchison, Chanute, Coffeyville, Council Grove, Dodge City, Emporia, Fort Scott, Garden City, Great Bend, Hays, Hutchinson, Independence, Junction City, Kansas City, Lawrence, Leavenworth, Liberal, Manhattan, McPherson, Medicine Lodge, Newton, Olathe, Osawatomie, Ottawa, Overland Park, Pittsburg, Salina, Shawnee, Smith Center, Topeka, Wichita, Kentucky, Ashland, Barbourville, Bardstown, Berea, Boonesborough, Bowling Green, Campbellsville, Covington, Danville, Elizabethtown, Frankfort, Harlan, Harrodsburg, Hazard, Henderson, Hodgenville, Hopkinsville, Lexington, Louisville, Mayfield, Maysville, Middlesboro, Newport, Owensboro, Paducah, Paris, Richmond, Louisiana, Abbeville, Alexandria, Bastrop, Baton Rouge, Bogalusa, Bossier City, Gretna, Houma, Lafayette, Lake Charles, Monroe, Morgan City, Natchitoches, New Iberia, New Orleans, Opelousas, Ruston, Saint Martinville, Shreveport, Thibodaux, Maine, Auburn, Augusta, Bangor, Bar Harbor, Bath, Belfast, Biddeford, Boothbay Harbor, Brunswick, Calais, Caribou, Castine, Eastport, Ellsworth, Farmington, Fort Kent, Gardiner, Houlton, Kennebunkport, Kittery, Lewiston, Lubec, Machias, Orono, Portland, Presque Isle, Rockland, Rumford, Saco, Scarborough, Waterville, York, Maryland, Aberdeen, Annapolis, Baltimore, Bethesda-Chevy Chase, Bowie, Cambridge, Catonsville, College Park, Columbia, Cumberland, Easton, Elkton, Emmitsburg, Frederick, Greenbelt, Hagerstown, Hyattsville, Laurel, Oakland, Ocean City, Rockville, Saint Marys City, Salisbury, Silver Spring, Takoma Park, Towson, Westminster, Massachusetts, Abington, Adams, Amesbury, Amherst, Andover, Arlington, Athol, Attleboro, Barnstable, Bedford, Beverly, Boston, Bourne, Braintree, Brockton, Brookline, Cambridge, Canton, Charlestown, Chelmsford, Chelsea, Chicopee, Clinton, Cohasset, Concord, Danvers, Dartmouth, Dedham, Dennis, Duxbury, Eastham, Edgartown, Everett, Fairhaven, Fall River, Falmouth, Fitchburg, Framingham, Gloucester, Great Barrington, Greenfield, Groton, Harwich, Haverhill, Hingham, Holyoke, Hyannis, Ipswich, Lawrence, Lenox, Leominster, Lexington, Lowell, Ludlow, Lynn, Malden, Marblehead, Marlborough, Medford, Milton, Nahant, Natick, New Bedford, Newburyport, Newton, North Adams, Northampton, Norton, Norwood, Peabody, Pittsfield, Plymouth, Provincetown, Quincy, Randolph, Revere, Salem, Sandwich, Saugus, Somerville, South Hadley, Springfield, Stockbridge, Stoughton, Sturbridge, Sudbury, Taunton, Tewksbury, Truro, Watertown, Webster, Wellesley, Wellfleet, West Bridgewater, West Springfield, Westfield, Weymouth, Whitman, Williamstown, Woburn, Woods Hole, Worcester, Michigan, Adrian, Alma, Ann Arbor, Battle Creek, Bay City, Benton Harbor, Bloomfield Hills, Cadillac, Charlevoix, Cheboygan, Dearborn, Detroit, East Lansing, Eastpointe, Ecorse, Escanaba, Flint, Grand Haven, Grand Rapids, Grayling, Grosse Pointe, Hancock, Highland Park, Holland, Houghton, Interlochen, Iron Mountain, Ironwood, Ishpeming, Jackson, Kalamazoo, Lansing, Livonia, Ludington, Mackinaw City, Manistee, Marquette, Menominee, Midland, Monroe, Mount Clemens, Mount Pleasant, Muskegon, Niles, Petoskey, Pontiac, Port Huron, Royal Oak, Saginaw, Saint Ignace, Saint Joseph, Sault Sainte Marie, Traverse City, Trenton, Warren, Wyandotte, Ypsilanti, Minnesota, Albert Lea, Alexandria, Austin, Bemidji, Bloomington, Brainerd, Crookston, Duluth, Ely, Eveleth, Faribault, Fergus Falls, Hastings, Hibbing, International Falls, Little Falls, Mankato, Minneapolis, Moorhead, New Ulm, Northfield, Owatonna, Pipestone, Red Wing, Rochester, Saint Cloud, Saint Paul, Sauk Centre, South Saint Paul, Stillwater, Virginia, Willmar, Winona, Mississippi, Bay Saint Louis, Biloxi, Canton, Clarksdale, Columbia, Columbus, Corinth, Greenville, Greenwood, Grenada, Gulfport, Hattiesburg, Holly Springs, Jackson, Laurel, Meridian, Natchez, Ocean Springs, Oxford, Pascagoula, Pass Christian, Philadelphia, Port Gibson, Starkville, Tupelo, Vicksburg, West Point, Yazoo City, Missouri, Boonville, Branson, Cape Girardeau, Carthage, Chillicothe, Clayton, Columbia, Excelsior Springs, Ferguson, Florissant, Fulton, Hannibal, Independence, Jefferson City, Joplin, Kansas City, Kirksville, Lamar, Lebanon, Lexington, Maryville, Mexico, Monett, Neosho, New Madrid, Rolla, Saint Charles, Saint Joseph, Saint Louis, Sainte Genevieve, Salem, Sedalia, Springfield, Warrensburg, West Plains, Montana, Anaconda, Billings, Bozeman, Butte, Dillon, Fort Benton, Glendive, Great Falls, Havre, Helena, Kalispell, Lewistown, Livingston, Miles City, Missoula, Virginia City, Nebraska, Beatrice, Bellevue, Boys Town, Chadron, Columbus, Fremont, Grand Island, Hastings, Kearney, Lincoln, McCook, Minden, Nebraska City, Norfolk, North Platte, Omaha, Plattsmouth, Red Cloud, Sidney, Nevada, Boulder City, Carson City, Elko, Ely, Fallon, Genoa, Goldfield, Henderson, Las Vegas, North Las Vegas, Reno, Sparks, Virginia City, Winnemucca, New Hampshire, Berlin, Claremont, Concord, Derry, Dover, Durham, Exeter, Franklin, Hanover, Hillsborough, Keene, Laconia, Lebanon, Manchester, Nashua, Peterborough, Plymouth, Portsmouth, Rochester, Salem, Somersworth, New Jersey, Asbury Park, Atlantic City, Bayonne, Bloomfield, Bordentown, Bound Brook, Bridgeton, Burlington, Caldwell, Camden, Cape May, Clifton, Cranford, East Orange, Edison, Elizabeth, Englewood, Fort Lee, Glassboro, Hackensack, Haddonfield, Hoboken, Irvington, Jersey City, Lakehurst, Lakewood, Long Beach, Long Branch, Madison, Menlo Park, Millburn, Millville, Montclair, Morristown, Mount Holly, New Brunswick, New Milford, Newark, Ocean City, Orange, Parsippany–Troy Hills, Passaic, Paterson, Perth Amboy, Plainfield, Princeton, Ridgewood, Roselle, Rutherford, Salem, Somerville, South Orange Village, Totowa, Trenton, Union, Union City, Vineland, Wayne, Weehawken, West New York, West Orange, Willingboro, Woodbridge, New Mexico, Acoma, Alamogordo, Albuquerque, Artesia, Belen, Carlsbad, Clovis, Deming, Farmington, Gallup, Grants, Hobbs, Las Cruces, Las Vegas, Los Alamos, Lovington, Portales, Raton, Roswell, Santa Fe, Shiprock, Silver City, Socorro, Taos, Truth or Consequences, Tucumcari, New York, Albany, Amsterdam, Auburn, Babylon, Batavia, Beacon, Bedford, Binghamton, Bronx, Brooklyn, Buffalo, Chautauqua, Cheektowaga, Clinton, Cohoes, Coney Island, Cooperstown, Corning, Cortland, Crown Point, Dunkirk, East Aurora, East Hampton, Eastchester, Elmira, Flushing, Forest Hills, Fredonia, Garden City, Geneva, Glens Falls, Gloversville, Great Neck, Hammondsport, Harlem, Hempstead, Herkimer, Hudson, Huntington, Hyde Park, Ilion, Ithaca, Jamestown, Johnstown, Kingston, Lackawanna, Lake Placid, Levittown, Lockport, Mamaroneck, Manhattan, Massena, Middletown, Mineola, Mount Vernon, New Paltz, New Rochelle, New Windsor, New York City, Newburgh, Niagara Falls, North Hempstead, Nyack, Ogdensburg, Olean, Oneida, Oneonta, Ossining, Oswego, Oyster Bay, Palmyra, Peekskill, Plattsburgh, Port Washington, Potsdam, Poughkeepsie, Queens, Rensselaer, Rochester, Rome, Rotterdam, Rye, Sag Harbor, Saranac Lake, Saratoga Springs, Scarsdale, Schenectady, Seneca Falls, Southampton, Staten Island, Stony Brook, Stony Point, Syracuse, Tarrytown, Ticonderoga, Tonawanda, Troy, Utica, Watertown, Watervliet, Watkins Glen, West Seneca, White Plains, Woodstock, Yonkers, North Carolina, Asheboro, Asheville, Bath, Beaufort, Boone, Burlington, Chapel Hill, Charlotte, Concord, Durham, Edenton, Elizabeth City, Fayetteville, Gastonia, Goldsboro, Greensboro, Greenville, Halifax, Henderson, Hickory, High Point, Hillsborough, Jacksonville, Kinston, Kitty Hawk, Lumberton, Morehead City, Morganton, Nags Head, New Bern, Pinehurst, Raleigh, Rocky Mount, Salisbury, Shelby, Washington, Wilmington, Wilson, Winston-Salem, North Dakota, Bismarck, Devils Lake, Dickinson, Fargo, Grand Forks, Jamestown, Mandan, Minot, Rugby, Valley City, Wahpeton, Williston, Ohio, Akron, Alliance, Ashtabula, Athens, Barberton, Bedford, Bellefontaine, Bowling Green, Canton, Chillicothe, Cincinnati, Cleveland, Cleveland Heights, Columbus, Conneaut, Cuyahoga Falls, Dayton, Defiance, Delaware, East Cleveland, East Liverpool, Elyria, Euclid, Findlay, Gallipolis, Greenville, Hamilton, Kent, Kettering, Lakewood, Lancaster, Lima, Lorain, Mansfield, Marietta, Marion, Martins Ferry, Massillon, Mentor, Middletown, Milan, Mount Vernon, New Philadelphia, Newark, Niles, North College Hill, Norwalk, Oberlin, Painesville, Parma, Piqua, Portsmouth, Put-in-Bay, Salem, Sandusky, Shaker Heights, Springfield, Steubenville, Tiffin, Toledo, Urbana, Warren, Wooster, Worthington, Xenia, Yellow Springs, Youngstown, Zanesville, Oklahoma, Ada, Altus, Alva, Anadarko, Ardmore, Bartlesville, Bethany, Chickasha, Claremore, Clinton, Cushing, Duncan, Durant, Edmond, El Reno, Elk City, Enid, Eufaula, Frederick, Guthrie, Guymon, Hobart, Holdenville, Hugo, Lawton, McAlester, Miami, Midwest City, Moore, Muskogee, Norman, Oklahoma City, Okmulgee, Pauls Valley, Pawhuska, Perry, Ponca City, Pryor, Sallisaw, Sand Springs, Sapulpa, Seminole, Shawnee, Stillwater, Tahlequah, The Village, Tulsa, Vinita, Wewoka, Woodward, Oregon, Albany, Ashland, Astoria, Baker City, Beaverton, Bend, Brookings, Burns, Coos Bay, Corvallis, Eugene, Grants Pass, Hillsboro, Hood River, Jacksonville, John Day, Klamath Falls, La Grande, Lake Oswego, Lakeview, McMinnville, Medford, Newberg, Newport, Ontario, Oregon City, Pendleton, Port Orford, Portland, Prineville, Redmond, Reedsport, Roseburg, Salem, Seaside, Springfield, The Dalles, Tillamook, Pennsylvania, Abington, Aliquippa, Allentown, Altoona, Ambridge, Bedford, Bethlehem, Bloomsburg, Bradford, Bristol, Carbondale, Carlisle, Chambersburg, Chester, Columbia, Easton, Erie, Franklin, Germantown, Gettysburg, Greensburg, Hanover, Harmony, Harrisburg, Hazleton, Hershey, Homestead, Honesdale, Indiana, Jeannette, Jim Thorpe, Johnstown, Lancaster, Lebanon, Levittown, Lewistown, Lock Haven, Lower Southampton, McKeesport, Meadville, Middletown, Monroeville, Nanticoke, New Castle, New Hope, New Kensington, Norristown, Oil City, Philadelphia, Phoenixville, Pittsburgh, Pottstown, Pottsville, Reading, Scranton, Shamokin, Sharon, State College, Stroudsburg, Sunbury, Swarthmore, Tamaqua, Titusville, Uniontown, Warren, Washington, West Chester, Wilkes-Barre, Williamsport, York, Rhode Island, Barrington, Bristol, Central Falls, Cranston, East Greenwich, East Providence, Kingston, Middletown, Narragansett, Newport, North Kingstown, Pawtucket, Portsmouth, Providence, South Kingstown, Tiverton, Warren, Warwick, Westerly, Wickford, Woonsocket, South Carolina, Abbeville, Aiken, Anderson, Beaufort, Camden, Charleston, Columbia, Darlington, Florence, Gaffney, Georgetown, Greenville, Greenwood, Hartsville, Lancaster, Mount Pleasant, Myrtle Beach, Orangeburg, Rock Hill, Spartanburg, Sumter, Union, South Dakota, Aberdeen, Belle Fourche, Brookings, Canton, Custer, De Smet, Deadwood, Hot Springs, Huron, Lead, Madison, Milbank, Mitchell, Mobridge, Pierre, Rapid City, Sioux Falls, Spearfish, Sturgis, Vermillion, Watertown, Yankton, Tennessee, Alcoa, Athens, Chattanooga, Clarksville, Cleveland, Columbia, Cookeville, Dayton, Elizabethton, Franklin, Gallatin, Gatlinburg, Greeneville, Jackson, Johnson City, Jonesborough, Kingsport, Knoxville, Lebanon, Maryville, Memphis, Morristown, Murfreesboro, Nashville, Norris, Oak Ridge, Shelbyville, Tullahoma, Texas, Abilene, Alpine, Amarillo, Arlington, Austin, Baytown, Beaumont, Big Spring, Borger, Brownsville, Bryan, Canyon, Cleburne, College Station, Corpus Christi, Crystal City, Dallas, Del Rio, Denison, Denton, Eagle Pass, Edinburg, El Paso, Fort Worth, Freeport, Galveston, Garland, Goliad, Greenville, Harlingen, Houston, Huntsville, Irving, Johnson City, Kilgore, Killeen, Kingsville, Laredo, Longview, Lubbock, Lufkin, Marshall, McAllen, McKinney, Mesquite, Midland, Mission, Nacogdoches, New Braunfels, Odessa, Orange, Pampa, Paris, Pasadena, Pecos, Pharr, Plainview, Plano, Port Arthur, Port Lavaca, Richardson, San Angelo, San Antonio, San Felipe, San Marcos, Sherman, Sweetwater, Temple, Texarkana, Texas City, Tyler, Uvalde, Victoria, Waco, Weatherford, Wichita Falls, Ysleta, Utah, Alta, American Fork, Bountiful, Brigham City, Cedar City, Clearfield, Delta, Fillmore, Green River, Heber City, Kanab, Layton, Lehi, Logan, Manti, Moab, Monticello, Murray, Nephi, Ogden, Orderville, Orem, Panguitch, Park City, Payson, Price, Provo, Saint George, Salt Lake City, Spanish Fork, Springville, Tooele, Vernal, Vermont, Barre, Bellows Falls, Bennington, Brattleboro, Burlington, Essex, Manchester, Middlebury, Montpelier, Newport, Plymouth, Rutland, Saint Albans, Saint Johnsbury, Sharon, Winooski, Virginia, Abingdon, Alexandria, Bristol, Charlottesville, Chesapeake, Danville, Fairfax, Falls Church, Fredericksburg, Hampton, Hanover, Hopewell, Lexington, Lynchburg, Manassas, Martinsville, New Market, Newport News, Norfolk, Petersburg, Portsmouth, Reston, Richmond, Roanoke, Staunton, Suffolk, Virginia Beach, Waynesboro, Williamsburg, Winchester, Washington, Aberdeen, Anacortes, Auburn, Bellevue, Bellingham, Bremerton, Centralia, Coulee Dam, Coupeville, Ellensburg, Ephrata, Everett, Hoquiam, Kelso, Kennewick, Longview, Moses Lake, Oak Harbor, Olympia, Pasco, Point Roberts, Port Angeles, Pullman, Puyallup, Redmond, Renton, Richland, Seattle, Spokane, Tacoma, Vancouver, Walla Walla, Wenatchee, Yakima, West Virginia, Bath, Beckley, Bluefield, Buckhannon, Charles Town, Charleston, Clarksburg, Elkins, Fairmont, Grafton, Harpers Ferry, Hillsboro, Hinton, Huntington, Keyser, Lewisburg, Logan, Martinsburg, Morgantown, Moundsville, New Martinsville, Parkersburg, Philippi, Point Pleasant, Princeton, Romney, Shepherdstown, South Charleston, Summersville, Weirton, Welch, Wellsburg, Weston, Wheeling, White Sulphur Springs, Williamson, Wisconsin, Appleton, Ashland, Baraboo, Belmont, Beloit, Eau Claire, Fond du Lac, Green Bay, Hayward, Janesville, Kenosha, La Crosse, Lake Geneva, Madison, Manitowoc, Marinette, Menasha, Milwaukee, Neenah, New Glarus, Oconto, Oshkosh, Peshtigo, Portage, Prairie du Chien, Racine, Rhinelander, Ripon, Sheboygan, Spring Green, Stevens Point, Sturgeon Bay, Superior, Waukesha, Wausau, Wauwatosa, West Allis, West Bend, Wisconsin Dells, Wyoming, Buffalo, Casper, Cheyenne, Cody, Douglas, Evanston, Gillette, Green River, Jackson, Lander, Laramie, Newcastle, Powell, Rawlins, Riverton, Rock Springs, Sheridan, Ten Sleep, Thermopolis, Torrington, Worland. (https://www.britannica.com/topic/list-of-cities-and-towns-in-the-United-States-2023068) Why do I require the other parent’s Consent to relocate to the United States of America?
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 the United States of America. 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 the United States of America. Even if the minor child only wants to go for a short holiday to the United States of America, both guardians’ Consent would be required.When would the other parent be seen as a guardian in the case of a relocation matter to the United States of America?
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 the United States of America. 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 the United States of America.Mother’s Consent for relocation of the minor child to the United States of America
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 the United States of America, 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 the United States of America
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 the United States of America. 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 the United States of America.Consent of unmarried fathers for the relocation of their minor children to the United States of America.
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 the United States of America?
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 the United States of America, 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 the United States of America, then the Court will make an Order similar to that which is shown below. [caption id="attachment_10842" align="alignnone" width="672"]
Relocation consent Court Order for minor child to the United States of America- USA – Advocate Muhammad Abduroaf[/caption] [caption id="attachment_10843" align="alignnone" width="660"] Relocation consent Court Order for minor child to the United States of America- USA – Advocate Muhammad Abduroaf[/caption]
I want to relocate from South Africa to the United States of America (USA) with my minor child. The other parent does not want my child to relocate to the United States of America. What can I do? The United States of America is a popular destination to emigrate to. 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
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
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
How do I obtain contact, custody or visitation to my child? I need some advice and assistance.
Issues of child custody, visitation or guardianship rights are usually difficult for parents to deal with. Parents have an inherent right and duty to form part of their child’s lives. Here we refer to parental rights and responsibilities. However, it often happens that parents of a child cannot see eye to eye as to what is in their child’s best interests. More often than not, when parents are divorced, separated, or not living together, issues arise regarding the children they share. And then there is the case where parents want full custody over their children. These issues may range from the amount of contact the other parent may have, the school the child may attend, or what extra-mural activities the child should pursue. Either way, should parents not be on the same page, outside help may be required. Read on to find out more about the law, factors and your rights. With some advice, your situation may become easier.What are Parental Responsibilities and rights to a child?
Know your rights: The terms used to refer to the rights and responsibilities of parents to their children are referred to as “parental responsibilities and rights”. Parental responsibilities and rights are defined in the Children’s Act. Section 18 of the Children’s Act of 38 2005 (the Children’s Act) states the following:
18. (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.When do parents need to enter into a Parenting Plan?
Mediate the issue: Not going into too much detail, all parents of children should by default have certain parental responsibilities and rights to their children. It often happens that parents who are co-holders of parental responsibilities and rights are unable to agree on how their rights should be exercised. Should that happen, then according to section 33 and 34 of the Children’s Act, they should try to agree on a parenting plan. See an expert: Basically, they should see an expert like a social worker, or psychiatrist assist them in resolving the issues they have. As long as the person is suitably qualified, they may make use of their services. They may even approach the Office of the Family Advocate. Should all go well, a parenting plan would be drafted and entered into. This parenting plan may either be registered with the Office of the Family Advocate or made an Order of Court.When should parents approach the Child Custody Court? High Court or Children’s Court
If parents cannot agree on a parenting plan, then a court may have to be approached. Usually, they would approach the High Court or the Children’s Court in their area of residence. In South Africa, one does not have to make use of legal representation. In other words, you may represent yourself in Court. Many times, you do not have a choice as you cannot afford legal representation. If you can afford legal representation, we advise you to make use of it.What is the Children’s Court?
Each magisterial area has a children’s court dealing with Children’s matters. The Children’s Court would be best suited for parents who would prefer to conduct their own case. When you approach the children’s court, they provide you with forms to fill in. They would basically assist you with the process. They will issue a summons/notice to the other parent to appear at Court. Many attorneys also make use of the Children’s Court, as opposed to the High Court, when enforcing their client’s parental responsibilities and rights. Purchase a Consultation with us from our Online Shop, by clicking here.What is the High Court?
Each province has a High Court. The Court procedure in the High Court is much more complicated than that of the Children’s Court. If you can afford an attorney, and an advocate, they the High Court is another option. Specific documentation needs to be drafted. One is called a Notice of Motion, and the other, a founding Affidavit.What are the serious parental issues the Court looks at?
There are various pertinent issues the court looks at when deciding how contact or visitation should be exercised. Each case is unique. In this article, we will list factors that may limit the exercising of your parental right of contact or care. They are:Child Abuse
- Child abuse has many facets. It is not only physical but psychological and emotional a swell.
Unfit parenting
- Not all parents are fit enough to care for a child primarily. This is especially so if there is a history of irresponsible parenting.
Living Conditions
- The law in no way discriminates against parents based on their living conditions. However, it is a factor to consider in Child Custody Cases.
Psychiatric disorders
- Psychiatric disorders in many cases play a role in deciding how care and contact should be exercised. If the condition is bad, a court would have to factor it in when making its decision.
How does the Court come to its decision?
The Court (Children’s Court as well as the High Court) would listen to both parents and any expert appointment. Usually, the expert would provide a report. Many times, they are the office of the family advocate or a state-appointed social worker. After looking at, and hearing everything, the court would make a decision based on what is in the child’s best interest. This article has been updated. We are certain that you found the above article useful and interesting. Please consider sharing it on the share buttons below. They include Facebook, Twitter, LinkedIn, WhatsApp, Gmail and more. Someone may find it useful as well. Should you require business advice or services, feel free to click on these links: Business SA | Private Legal | Envirolaws
How do I obtain contact, custody or visitation to my child? I need some advice and assistance. Issues of child custody, visitation or guardianship rights are usually difficult for parents to deal with. Parents have an inherent right and duty to form part of their child’s lives. Here we refer 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
Uncontested divorce in South Africa
First of all, what is an uncontested divorce? An uncontested divorce occurs when both parties agree to the divorce. This type of divorce is quicker, less expensive, and simpler. A formal trial is not necessary, but legal guidance may still be necessary. Other factors, such as child custody, child support, and asset division, may be relevant to the divorce but do not necessarily slow down the process. The legal expert must assist the parties in reaching a legal agreement. [caption id="attachment_4561" align="alignleft" width="300"]
Call our law offices on: 0211110090
Email us at: [email protected][/caption] For professional legal consultation, contact our law offices on 021 111 0090 and have our friendly receptionist make an online appointment for you. Secure your one-on-one legal consultation today! Simply click on the link below and download our free divorce product toolkit below: Free Divorce Tool Kit How long does a divorce take in South Africa? This a common question we’re often faced with when dealing with divorce matters. Unfortunately, some divorces are more complex in which the other party is not co-operating and refuse to agree to a divorce. Under such circumstances, the divorce can unfold over years depending on the nature and circumstance of the matter. [caption id="attachment_4562" align="alignleft" width="300"]
Call our law offices on: 0211110090
Email us at: [email protected][/caption] Contested or opposed divorces on the other hand, are when both parties are not in agreement with the divorce – this can cause a dreadful, costly legal drag. The contested divorce will unfold in the following ways: - pleadings
- application for and set down of trial date
- discovery of documents
- further discovery and particulars
- pre-trial conference
- trial
- judgment
Feel free to click on the links below and find out more about our legal expertise:- Basic Divorce Guide – Western Cape High Court
- Divorce Notice Of Set Down – Cape Town High Court Cape Town
- Divorce Particulars Of Claim Western Cape High Court Cape Town
- Do Your Own Unopposed Divorce. No Lawyers Needed.
- Free Online Divorce Assistance Form DIY
- South Africa – frequently asked questions for divorce
- Summons Divorce Western Cape High Court Cape Town
- Twenty One (21) Uncontested divorces in the Western Cape High Court today.
Feel free to call our law offices on 021 424 3487 for a professional legal consultation today and have our friendly receptionist make an online appointment for you. Secure your one on one legal consultation today! Online divorce South Africa Technology is of a dynamic nature which is why we have moved with the times. We have recently introduced our modern, online operation. Efficiency and convenience is our main objective for the layperson. [caption id="attachment_4563" align="alignleft" width="300"]
Call our law offices on: 0211110090
Email us at: [email protected][/caption] Should you be residing out of the South Africa, consulting with us will not be a problem. We are able to conduct legal consultations online, face to face or Skype / video call. We have now recently introduced our national contact number which caters for those residing out of Cape Town. Our online appointment system is efficient and gets you in the swing of an easy step to having your legal consultation with the legal expert. Simply call our offices today and have your online appointment made for you!
Uncontested divorce in South Africa First of all, what is an uncontested divorce? An uncontested divorce occurs when both parties agree to the divorce. This type of divorce is quicker, less expensive, and simpler. A formal trial is not necessary, but legal guidance may still be necessary. Other factors, such Continue Reading