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?

When do parents need to enter into a Parenting Plan?

When should parents approach the Child Custody Court? High Court or Children’s Court

What is the Children’s Court?

What is the High Court?

What are the serious parental issues the Court looks at?

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?

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

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!

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

Advocate of the High Court of South Africa – Cape Town

Not many people know about the advocates’ profession. They hear of them, see them on television and read about them in newspapers. But what are they, and what do they do? To answer some of these questions, we got hold of Advocate Muhammad Abduroaf a practicing advocate from Cape Town, Western Cape, to assist us in unpacking this much misunderstood profession.

Advocate Muhammad Abduroaf – Cape Town

Advocates of the High Court of South Africa

How do advocates of the High Court get work?

What type of work does advocates do for attorneys or clients?

Court work in the Magistrates and High Courts

Legal Opinions on Legal Matters or Court Cases

What do advocates charge attorneys or clients for their services?

Worldwide Law & Legal Directory Dear Private Legal – PTYLtd., We hope this email finds you well. We are excited to inform you that your esteemed lawyer & law firm has been added to LawFirms1, a comprehensive platform that connects clients with top-notch legal services from all corners of the world. As a respected member of the legal industry, your expertise and dedication have caught our attention, and we believe your presence on our directory will be highly valuable to individuals seeking legal assistance and related services. LawFirms1 showcases a curated collection of lawyers, law firms, and legal service providers, offering a wide range of legal expertise to meet the diverse needs of our users. Our user-friendly interface makes it easy for potential clients to discover your profile, explore your areas of practice, and learn about your achievements. Your listing is free of charge and can be found at: Private Legal – PTYLtd. Please use the menu entry labelled “Claim ownership or report listing” to manage your page, or use this direct link: www.lawfirms1.com/login/1422147394758657?e=248399703 Other businesses listed on our platform include: African Legal Information Institute Hildebrand Attorneys SD Law South Africa SchoemanLaw Inc Erasmus Ranchod & Associates Straughan Inc. We encourage you to visit the website and explore your listing. Verify that all the information is accurate and up-to-date. By claiming your listing, you can customize your profile, add additional details, and enhance your visibility to potential clients. Additionally, we invite you to share your listing on social media to increase your online presence and expand your reach. Feel free to use the following example message: “Exciting News! We are now featured on LawFirms1, a leading platform connecting clients with top-notch legal services worldwide. Check out our profile to learn more about our practice and how we can assist you with your legal needs: www.lawfirms1.com/ZA/Cape-Town/1422147394758657/Private-Legal—PTYLtd.” We are committed to providing a supportive platform that fosters collaboration and growth within the legal community. Feel free to contribute insights, interact with users, and engage with fellow professionals on our website. Thank you for being a part of LawFirms1. Together, let’s empower individuals to make informed legal decisions and navigate the legal landscape with confidence. Feature your listing in Cape Town There are currently 2 featured listing slots left in Cape Town. Click here to learn more. Best regards, LawFirms1 LawFirms1 2024 Our mailing address is: [email protected] Unsubscribe

The role of antenuptial contracts in South Africa – What do you need to know before getting married?

When people are in love, they often want to spend the rest of their lives together. And one way of doing so is to get married. Usually, after they got married, they will start a family. However, there is one important aspect many people do not consider before getting married. And that is the propriety regime that would apply to their marriage. In other words, what belongs to who during the marriage and after the marriage should they divorce or one spouse passes away.

Marriages in community of property – The Standard Regime

In South Africa, the default matrimonial property regime is that of in community of property and profit and loss.  What this means, is that whatever property the couple have during the marriage, they would share. This includes debt. Therefore, should a party receive a huge sum of money during the marriage, that money would belong to both the parties and form part of the joint estate. The same principle would apply should a party get into financial trouble. In such a case both the spouses or the joint estate would be responsible for that debt. If spouses are happy to share in each other’s wealth and liabilities during the marriage, then being married in community of property may be a good option. However, if this matrimonial property regime does not appeal to a couple before they get married, then a different matrimonial property regime should be looked at. Now let us move on to a marriage out of community of property.

Marriages out of community of property – with or without the accrual regime

Marriages out of community of property may take two faces. The first is out of community of property without the inclusion of the accrual regime. This is its purest form. The other would be a marriage out of community of property with the inclusion of the accrual regime. Before we explain the differences between the two, we need to explain to you what it is meant to be married out of community of property and profit and loss.

Marriage out of community of property

Being married out of community of property means that spouses during the marriage own their own assets and are solely responsible for any debt owed by either of them. This can be compared to a marriage in community of property where the opposite applies. Therefore, if the couple is married out of community of property, a spouse would not require the other spouse’s consent to incur a debt. A spouse would not be entitled to claim any monies belonging to the other spouse by virtue of being married. In short, if you are married out of community of property, you are solely responsible for your estate. As would be seen further below, to be married out of community of property you have to enter into an antenuptial contract.

What is the accrual regime?

As mentioned above, a marriage out of community of property could have the accrual regime apply to it or not. The aspect of accrual only comes into play should the parties divorce or one of them pass away. The parties would then share in half the difference between the two estates. This amount is referred to as the accrual. Therefore, by way of example, should one spouse pass away and the estate of the deceased has grown in the sum of R10 000 – 00, then the surviving spouse should receive half of that. The above example would apply if the surviving spouse’s estate has not grown at all. If it has grown, then they would share in half the difference of their respective growths.

Marriage out of community of property with the inclusion of the accrual regime

The accrual regime automatically applies to a marriage out of community of property, unless it is expressly excluded in an antenuptial contract. During the marriage, the same principles as above apply to a marriage out of community of property with the inclusion of the accrual regime.

Marriage out of community of property with the exclusion of the accrual regime

If the couple does not want the accrual regime to apply to their marriage out of community of property, they need to expressly stipulate it in the antenuptial contract. If they do not do so, then their marriage would automatically be out of community of property with the inclusion of the accrual regime.

Parties entering into an antenuptial contract before the marriage

As stated, if a couple wants to get married out of community of property with or without the inclusion of the accrual regime, they need to enter into an antenuptial contract. They would sign a document wherein they stipulate what matrimonial property regime would apply to the marriage. Other matters may be included in an antenuptial contract. For example, assets that should not be included in the calculation of the accrual. The antenuptial contract is signed before a notary public and it is registered at the Deeds Office. In that way, the public would know that you are married out of community of property.

What happens if I did not enter into an antenuptial contract and want to change it later?

Should a couple get married and later decide to change the matrimonial property regime, they may do so with the consent of the High Court. A court application would have to be made to the High Court explaining to the court why they wish to change the matrimonial property regime and also which property regime they now wish to apply to them.

Publication of Application to change the matrimonial property regime

Various other information would be included in the High Court Application which could entail details of various creditors of the spouses and their assets and liabilities and so on. Attached to the court documents would also be a draft postnuptial contract. The Application and the Court date would be published in the Government Gazette and one or two local newspapers for potential creditors to be informed about the pending Court Application.

Informing creditors of the change in the matrimonial property regime

Various creditors would also be notified of the application via registered mail. The application can be expensive because of the work and expenses involved. This cost includes attorney fees advocate fees, publication fees etc. It is therefore important to decide before the marriage whether or not the matrimonial property regime of community of property is the best regime for you before getting married. If it is not the best for you and your intended spouse, we advised that the enter into an antenuptial contract. This will not only save you money in the long run but also avoid a lot of complications in the future. Speak to us should you wish to enter into an antenuptial contract. Our antenuptial contract product may be purchased here.   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    

Best Divorce Lawyer Advice – Focus on your case – not the emotions involved

Once upon a time, an individual and their spouse were deeply engaged in a profound romantic relationship, characterized by love and mutual respect. This connection led to the pivotal decision to enter into marriage and embark on a shared life journey. Following their union, they may have welcomed children into their family and created a multitude of cherished memories—celebrations, milestones, and everyday moments that strengthened their bond. However, over time, a significant turning point emerged, one that fundamentally altered the trajectory of their relationship. Disagreements began to surface, leading to a gradual emotional detachment between the partners. Despite their best efforts to restore the affection they once felt for each other, these attempts proved unsuccessful, ultimately culminating in the contemplation of divorce.

Best Strategies for Navigating Divorce for Optimal Outcomes

It is not uncommon to witness clients struggling with the emotional ramifications of divorce as they seek assistance in addressing various legal matters. When clients approach us, they often face challenges that extend beyond emotional distress, including the complexities associated with child custody, division of assets, and personal maintenance. Some clients may operate under the misconception that criticizing their partner or airing grievances will enhance their chances of obtaining a more favorable outcome. However, it is crucial to understand that while these emotions are valid and significant, they do not directly impact the objective issues at hand concerning children, property, and financial support.

Best Legal Strategy to employ in Divorces

As legal professionals, our primary goal is to assist clients in navigating their emotional challenges effectively, allowing us to redirect our focus toward the substantive issues that require resolution. This pivotal transition is essential; it serves as a breakthrough moment that enables both the client and their attorney to approach the case with clarity and a constructive mindset. While we remain empathetic to our clients’ emotional experiences, it becomes evident that managing these emotions better facilitates a more effective and favorable resolution to their legal matters.

Focusing on Relevant Legal Issues

Once we have successfully guided clients beyond the emotional turmoil associated with divorce, a concerted focus can be established on the critical legal issues that need to be addressed. The primary objectives during this phase encompass securing an equitable settlement or achieving a favorable judgment through trial proceedings. It is imperative to recognize that triumph in these legal matters rests on the foundation of factual evidence rather than emotional arguments, leading to improved outcomes for the client. For instance, when determining child support, if the monthly cost of raising a child is established at R 10,000, the court adheres to this figure, irrespective of any negative behavior exhibited by the other parent—such as infidelity or other actions that may have contributed to the marital breakdown. These considerations, while emotionally charged, do not influence the financial outcome in a legal context.

Best way to proceed with your divorce case

Therefore, it is essential for parents involved in divorce proceedings to present comprehensive and accurate evidence that substantiates the actual costs associated with the care of their children. This encompasses not only basic necessities but also additional financial obligations that may arise. Furthermore, it is crucial to clearly outline the financial responsibilities that both parents should assume in relation to these costs. This process emphasizes the necessity of grounding discussions in factual data, thereby highlighting that the legal proceedings should focus on practical issues rather than the emotional narratives surrounding the separation. Such an approach can significantly enhance the likelihood of a favorable resolution that meets the needs of all parties involved. If you wish to consult with us, complete the form below:

The rights of parents to have contact with their children during the holiday season

It is that time of the year where schools are closed and most parents can take off work. This is either due to being allowed to take some leave days or the business itself is closed during that period. Whatever the reason, parents wants to spend time with their children during the holidays. And rightfully so. If parents are children live in the same home, there would not be much of a problem regarding contact. Or no problem at all. Parents and children would see each other every moring and before going to sleep. The challenge arise when parents and children do not live in the same home.

Parenal Responsibilities and Rights of parents

Alot has been written on the top of parental responsiblities and rights on this website. Extensive reference is made to relevant sections of the Children’s Act. However, to simply things, parental responsiblities and rights refers to the parental responsiblities and rights a parent has to look after a child. That can be in the form of food, shelter, clothing, education, visitation and so on. Basically, to form part of the child’s life in a meaningful way. Parental responsiblities and rights refers to  responsiblities and rights. They go hand in hand. You cannot say you have a right to have contact with your child, but not interested in execising your responsibility of feeding and clothing the child. The law does not work that way.

What should parents do if they are not allowed contact during the holidays?

Firstly, it is the right of the child to have contact with both parents during their school holidays. It not not neccessary the right of the parents as the law focuses of what is best for the child. Seconldy, it is the duly and responsiblity of both parents to ensure that they make it possible for both parents to have contact with the minor child. This is so, despite the issues and differences the parents might have.

What do you do if contact is frutrated?

If they cannot come to an agreement, then it is stronly recommened that they have the issue mediated as soon as possible. There are many people that can assist in mediaton. That can be someone you both trust and respect or a professional personal trained in family mediation. With regard to someone you trust and respect, it could be your religious leader, family elder or a trusted friend. Regarding professionals, that can be a social worker, lawyer, pyschologist or someone with mediation training. It is best to make use of some who has family law experience. However, it is not always neccessary depending on the issues at hand.

What do I do if mediation is now possible or unsuccessful?

Mediation will not always be successful. Howewer, depite it now always being successful, many benefits comes from a mediation session. For one, the parents would be one step closer in understanding what the issues are, at least from the other side. That can be invaluable as it often happens, couples usually speak or argue past each other when they are alone. In a mediation setting, whether formal or informal, the are forced to listen to each other. However, if the mediation session is unsuccessful or not possible, then the the law comes into play. Before going to court, you may want to consider seeing an attorney or advocate if you can afford it. They may consider the option of sending the other parent letter and try to resolve the matter out of court. Often it works and it is something you may wish to consider. However, if it is something you cannot afford, or it does not yield any noteworthy results, then approaching the court is your next option. This we deal with next.

When to approach the Court when it comes to care and contact disputes?

It does not benefit the child nor you to execise contact or care which is not adequate. In other words, if you should have more contact to your child, you should fight for it. The same applies to a parent who is abusing his or her parental responsibilities and rights. If you feel that they are doing so, the situation must changes which is in the child’s best interest. This could mean affording him or her last contact and care. Therefore, if speaking to the other party, mediation, or lawyer’s letter does not work, then taking it to a court of law is the only viable option. The Court is the upper guardian of all minor children. Therefore, it overrides the rights of both parents. It can therefore limit, take it away or increase or assign parental rigths. Ultimatley, the Court would decide what is best for the minor child involved.

Can I urgently have contact to my child during the holiday season?

If you are denied adequate contact rights to your minor child, you have the right to urgenly approach the court to relief. The High Court would need to be approach for urgenly relief. The Children’s Court may be able to assist, but not as fast as the High Court would. However, the High Court can be expensive if you are making use of attorney and advocates. Therefore, to avoid approaching the High Court and have your matter heard in the Children’s Court, do not wait until the last minuite to enforce your rights. Especially when it comes to end of year holdiday contact.    

[caption id="attachment_10839" align="alignnone" width="667"] Relocation consent Court Order for minor child to Switzerland – Advocate Muhammad Abduroaf[/caption]

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

Switzerland 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 Switzerland, if a minor child will be joining that parent and also relocating to Switzerland, 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 Switzerland. Before we do so, let us list the various cities and towns in Switzerland to which you may want to relocate: Zürich, Geneva, Basel, Lausanne, Bern, Winterthur, Lucerne, Sankt Gallen, Lugano, Biel/Bienne, Thun, Bellinzona, Köniz, La Chaux-de-Fonds, Fribourg, Schaffhausen, Vernier, Chur, Sion, Uster, Neuchâtel, Landecy, Zug, Yverdon-les-Bains, Emmen, Dübendorf, Kriens, Rapperswil-Jona, Dietikon, Montreux, Wetzikon, Baar, Meyrin, Wil, Bulle, Horgen, Carouge, Frauenfeld, Kreuzlingen, Wädenswil, Riehen, Aarau, Allschwil, Renens, Wettingen, Nyon, Bülach, Vevey, Opfikon, Kloten, Reinach, Baden, Onex, Adliswil, Schlieren, Volketswil, Pully, Regensdorf, Gossau, Muttenz, Thalwil, Monthey, Ostermundigen, Littau, Grenchen, Olten, Sierre, Solothurn, Pratteln, Burgdorf, Freienbach, Wohlen, Locarno, Wallisellen, Morges, Steffisburg, Herisau, Langenthal, Binningen, Einsiedeln, Lyss, Mendrisio, Arbon, Liestal, Stäfa, Küsnacht, Horw, Schwyz, Thônex, Meilen, Oftringen, Amriswil, Versoix, Richterswil, Rheinfelden, Brig-Glis, Gland, Küssnacht, Muri, Zollikon, Ecublens, Spiez, Delémont, Buchs, Prilly, Chêne-Bougeries, Le Grand-Saconnex, Rüti, Münchenstein, Villars-sur-Glâne, Affoltern am Albis, Arth, La Tour-de-Peilz, Pfäffikon, Spreitenbach, Altstätten, Zofingen, Veyrier, Bassersdorf, Weinfelden, Belp, Worb, Hinwil, Romanshorn, Oberwil, Brugg, Möhlin, Männedorf, Davos, Plan-les-Ouates, Waltikon, Lenzburg, Flawil, Neuhausen am Rheinfall, Le Locle, Suhr, Sarnen, Aesch, Birsfelden, Lutry, Bernex, Maur, Aigle, Naters, Steinhaus, Therwil, Payerne, Gossau, Sursee, Hochdorf, Urdorf, Wald, Estavayer-le-Lac, Wittenbach, Widnau, Epalinges, Rorschach, Embrach, Altdorf, Langnau, Goldach, Schübelbach, Arlesheim, Niederhasli, Rothrist, Aadorf, Ingenbohl, Oberriet, Zuchwil, Unterägeri, Landquart, Neuenhof, Hünenberg, Fully, Lachen, Wattwil, Bussy, Conthey, Mels, Egg, Hombrechtikon, Fällanden, Biberist, Obersiggenthal, Le Mont-sur-Lausanne, Reinach, Kilchberg, Stans, Oberentfelden, Murten, Bagnes, Aarburg, Domat/Ems, Chiasso, Buchs, Düdingen, Crissier, Rümlang, Visp, Muri, Au, Willisau, Bex, Sirnach, Bremgarten, Gränichen, Chavannes-près-Renens, Savièse, Dietlikon, Windisch, Rothenburg, Dürnten, Langnau am Albis, Ollon, Hirslen, Moutier, Villmergen, Minusio, Seuzach, Rorschacherberg, Wollerau, Untersiggenthal, Meggen, Herzogenbuchsee, Bubikon, Reiden, Altendorf, Grabs, Orbe, Châtel-Saint-Denis, Oberglatt, Frutigen, Ruswil, Schwarzenburg, Heimberg, Saanen, Nidau, Dornach, Losone, Bottmingen, Sissach, Porrentruy, Beromünster, Thal, Oberengstringen, Trimbach, Wiesendangen, Derendingen, Würenlos, Diepoldsau, Frenkendorf, Uznach, Oberuzwil, Birmensdorf, Fehraltorf, Vétroz, Kerns, Menziken, Buchs, Herrliberg, Oensingen, Teufen, Bolligen, Rolle, Massagno, Gelterkinden, Küttigen, Blonay, Boudry, Uetikon am See, Moudon, Balsthal, Buchrain, Biasca, Obererli, Alpnach, Bischofszell, Glarus, Kirchberg, Dielsdorf, Zell, Saxon, Uetendorf, Sankt Margrethen, Rüschlikon, Peseux, Hergiswil, Villeneuve, Unterseen, Jegenstorf, Echallens, Neftenbach, Saint-Prex, Walenstadt, Appenzell, Zermatt, Mellingen, Lindau, Interlaken, Sennwald, Nürensdorf, Kaiseraugst, Cologny, Erlenbach, Frick, Laufen, Colombier, Fislisbach, Bonstetten, Ascona, Dagmersellen, Rupperswil, Thayngen, Courtepin, Schattdorf, Gebenstorf, Adligenswil, Münchwilen, Greifensee, Obfelden, Buochs, Vechigen, Seon, Préverenges, Konolfingen Dorf, Romont, Feusisberg, Lengnau, Bellach, Lausen, Gerlafingen, Hitzkirch, Glattfelden, Saint Légier-La Chiésaz, Eglisau, Gommiswald, Ettingen, Sachseln, Hägendorf, Zumikon, Fraubrunnen, Sevelen, Schwerzenbach, Oberrieden, Wangen bei Olten, Wangen, Dulliken, Sumiswald, Root, Ebnat-Kappel, Bäretswil, Chavornay, Saint Moritz, Bauma, Geroldswil, Niederglatt, Schönenwerd, Bettlach, Elgg, Strengelbach, Mettmenstetten, Sainte-Croix, Flums, Kaltbrunn, Huttwil, Sigriswil, Ehrendingen, Ennetbürgen, Balgach, Zuzwil, Niederlenz, Berikon, Weiningen, Oetwil am See, Turbenthal, Cortaillod, Wängi, Niederbipp, Egnach, Oberkirch, Würenlingen, Gordola, Troistorrents, Saint-Sulpice, Triengen, Le Landeron, Beringen, Tägerwilen, Aarberg, Confignon, Meiringen, Stabio, Scuol, Le Chenit, Stansstad, Morbio Inferiore, Saint-Maurice, Tramelan, Menzingen, Monte Ceneri, Bronschhofen, Aarwangen, Winkel, Füllinsdorf, Zufikon, Kölliken, Rafz, Oberbüren, Agno, Klosters Platz, Schötz, Schöftland, Bubendorf, Brügg, Rebstein, Speicher, Eschlikon, Weggis, Gachnang, Caslano, Russikon, Birr, Cheseaux-sur-Lausanne, Wolhusen, Utzenstorf, Kehrsatz, Wichtrach, Avenches, Sins, Bad Zurzach, Uitikon, Schüpfheim, Lucens, Lens, Vouvry, Satigny, Engelberg, Sempach, Gross Höchstetten, Heiden, Unterentfelden, Lützelflüh, Paradiso, Degersheim, Niederrohrdorf, Matten, Dällikon, Roggwil, Oberrohrdorf, Ayent, Döttingen, Hilterfingen, Prangins, Leysin, Hunzenschwil, Diessenhofen, Seengen, Bürglen, Berneck, Brittnau, Böttstein, Lostorf, Leuk, Magden, Chamoson, Dottikon, Muhen, Sulgen, Niedergösgen, Nottwil, Breitenbach, Pfungen, Safenwil, Bürglen, Vallorbe, Schänis, Unterengstringen, Grindelwald, Bevaix, Langendorf, Founex, Jonschwil, Steckborn, Reichenburg, Erlen, La Neuveville, Hedingen, Schüpfen, Belmont-sur-Lausanne, Mönchaltorf, Schmerikon, Widen, Port, Stallikon, Egerkingen, Beckenried, Walchwil, Elsau, Giswil, Rüti, Hausen am Albis, Feuerthalen, Hausen, Tavannes, Laufenburg, Reichenbach im Kandertal, Hittnau, Stein, Plaffeien, Eschenbach, Mörschwil, Büren an der Aare, Ins, Erlinsbach, Merenschwand, Chalais, Attalens, Poschiavo, Waldkirch, Ennetbaden, Klingnau, Luterbach, Gams, Steinmaur, Château-d’Oex, Ermatingen, Selzach, Münsterlingen, Grimisuat, Zizers, Yvonand, Rheineck, Steinen, Berg, Bösingen, Vacallo, Thunstetten, Corsier-sur-Vevey, Stein am Rhein, Adelboden, Rickenbach, Grüningen, Grandson, Savigny, Staufen, Bonaduz, Entlebuch, Courroux, Romanel-sur-Lausanne, Tuggen, Trimmis, Weisslingen, Bellevue, Buttisholz, Penthalaz, Belfaux, Madiswil, Beinwil am See, Balerna, Rüegsbach, Bätterkinden, Aubonne, Grosswangen, Kappel, Thusis, Ardon, Saint-Blaise, Leytron, Subingen, Stein, Ursy, Arosa, Orsières, Kirchlindach, Hofstetten, Le Mouret, Coppet, Niederhelfenschwil, Hettlingen, Neerach, Laupen, Oberdorf, Seedorf, Stettlen, Lupfig, Brienz, Torricella, Unterkulm, Gais, Roggwil, Echichens, Benken, Niederweningen, Zweisimmen, Grossaffoltern, Turgi, Schafisheim, Courrendlin, Birmenstorf, Müllheim, Mühleberg, Murgenthal, Meisterschwanden, Chardonne, Geuensee, Coldrerio, Schenkon, Quarten, Wattenwil, Oberburg, Waltenschwil, Cadenazzo, Samedan, Matzingen, Faido, Sarmenstorf, Etoy, Märstetten, Othmarsingen, Mosnang, Menznau, Puidoux, Commugny, Täuffelen, Däniken, Rorbas, Boswil, Flims, Otelfingen, Niederwil, Bergdietikon, Ennenda, Orpund, Fischingen, Ballwil, Gretzenbach, Genthod, Riaz, Rickenbach bei Wil, Rain, Horn, Ettiswil, Lengnau, Cugy, Lauterbrunnen, Vionnaz, Höri, Oberkulm, Corminboeuf, Muralto, Montanaire, Schiers, Pfaffnau, Evilard, Kaisten, Signau, Rickenbach, Wilderswil, Mont-sur-Rolle, Broc, Riva San Vitale, Lenzerheide, Nebikon, Bioggio, Hauterive, Felsberg, Saillon, Rapperswil, Lauperswil, Courtételle, Saignelégier, La Sarraz, Lonay, Maggia, Buchegg, Froideville, Saint-Cergue, Endingen, Neyruz, Lotzwil, Ringgenberg, Zunzgen, Inwil, Ottenbach, Riggisberg, Affeltrangen, Kemmen, Büron, Wimmis, Bönigen, Hölstein, Sant’ Antonino, Roveredo, Wilen, Untervaz, Toffen, Fischenthal, Troinex, Vandœuvres, Corcelles-près-Payerne, Hohenrain, Puplinge, Oetwil an der Limmat, Meikirch, Wigoltingen, Saint-Léonard, Eggiwil, Oberdorf, Thierachern, Hägglingen, Grône, Rothenthurm, Vuadens, Anières, Zwingen, Saint-Aubin-Sauges, Rüthi, Unteriberg, Rüderswil, Novazzano, Malans, Wiedlisbach, Freienstein, Ueberstorf, Lufingen, Krauchthal, Pfeffingen, Hildisrieden, Gersau, Courgenay, Vuisternens-devant-Romont, Reconvilier, Urnäsch, Martigny-Combe, Wangen an der Aare, Riedholz, Zeiningen, Knonau, Bardonnex, Büsserach, Oberbuchsiten, Eiken, Neunkirch, Worben, Corseaux, Udligenswil, Wolfwil, Stadel bei Niederglatt, Henggart, Neuheim, Schinznach Dorf, Canobbio, Diemtigen, Wauwil, Sankt Niklaus, Chexbres, Gimel, Siviriez, Neuendorf, Knutwil, Dintikon, Bottighofen, Cazis, Hallau, Ormalingen, Savosa, Altnau, Deitingen, Obergösgen, Stetten, Andelfingen, Gruyères, Ennetmoos, Gontenschwil, Leuggern, Pontresina, Castel San Pietro, Aegerten, Itingen, Auw, Seftigen, Fahrwangen, Meinier, Villigen, Werthenstein, Lungern, Mägenwil, Corsier, Jonen, Marbach, Wolfenschiessen, Koppigen, Mies, Forel, Kleinandelfingen, Sankt Antoni, Grüsch, Killwangen, Ersigen, Wynigen, Oberlunkhofen, Zell, Comano, Alterswil, Gorgier, Vollèges, Brütten, Pfyn, Andwil, Recherswil, Remetschwil, Silenen, Aeugst am Albis, Flüeln, Walzenhausen, Wila, Barbengo, Val-d’Illiez, Flühli, Vordemwald, Begnins, Marthalen, Churwalden, Servion, Raron, Sattel, Genolier, Tolochenaz, Dachsen, Hochfelden, Avry-sur-Matran, Grolley, Winznau, Kallnach, Oberegg, Vezia, Marsens, Ponte Capriasca, Malleray, Cressier, Vernayaz, Nunningen, Lichtensteig, Dänikon, Waldstatt, Dardagny, Röschenz, Seedorf, Uttwil, Laax, Charrat, Alle, Le Noirmont, Grellingen, Dallenwil, Kirchdorf, Schönenberg, Arni, Wolfhalden, Veyras, Pont-en-Ogoz, Laupersdorf, Biglen, Vex, Acquarossa, Kestenholz, Melide, Saint-Aubin, Bühler, Oberweningen, Niederdorf, Rüeggisberg, Massongex, Amden, Fulenbach, Sorengo, Brissago, Römerswil, Oberbipp, Walkringen, Avully, Cugy, Weiach, Penthaz, Künten, Rehetobel, Erlenbach im Simmental, Eschenz, Hasle, Lamone, Wilchingen, Trogen, Lengwil, Hüttwilen, Attinghausen, Weesen, Oberdorf, Starrkirch, La Roche, Schwarzenberg, Corgémont, Wagenhausen, Bellmund, Chancy, Fontenais, Evolène, Schleitheim, Teufenthal, Niederönz, Langwiesen, Rüschegg, Koblenz, Diegten, Gunzgen, Brislach, Roche, Härkingen, Arisdorf, Giffers, Villnachern, Cudrefin, Wynau, Eich, Magliaso, Chippis, Sisseln, Denges, Eysins, Saas-Fee, Zäziwil, Arch, Güttingen, Hirschthal, Bière, Ziefen, Berg, Reigoldswil, Luzein, Auenstein, Heimiswil, Porza, Altishofen, Lütisburg, Tannay, Schwellbrunn, Biberstein, Ossingen, Wohlenschwil, Pfäfers, Cornaux, Bellikon, Seeberg, Auvernier, Bedano, Dinhard, Salgesch, Herznach, Homburg, Duggingen, Perroy, Lommiswil, Jongny, Oberrüti, Cadempino, Wikon, Airolo, Zernez, Les Breuleux, Rue, Buchholterberg, Eichberg, Matran, Melchnau, Niederbüren, Lumino, Tägerig, Cottens, Guggisberg, Bossonnens, Paudex, Attiswil, Aristau, Rhäzüns, Rohrbach, Messen, L’Abbaye, Les Montets, Löhningen, Treyvaux, Ramsen, Apples, Mumpf, Veltheim, Wahlen, Schneisingen, Rüttenen, Tübach, Meierskappel, Mauensee, Origlio. (https://simplemaps.com/data/ch-cities)  

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

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

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

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 Switzerland. 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 Switzerland.

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

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 Switzerland, 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 Switzerland

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 Switzerland. 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 Switzerland.

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

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 Switzerland?

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 Switzerland, 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 Switzerland, then the Court will make an Order similar to that which is shown below. [caption id="attachment_10839" align="alignnone" width="676"] Relocation consent Court Order for minor child to Switzerland – Advocate Muhammad Abduroaf[/caption]