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Tax and UIF Frequently Asked Questions
Do you have question regarding Tax and UIF? Feel free to post your questions below. What follows are samples questions that you might have in relation to your tax and UIF affairs.
Can you file your taxes on your own? How do I get a tax number from SARS? How can I prepare my tax return? How do you know what your tax return will be? How do you do your taxes for free? Can I file my taxes online? Is it safe to do your taxes online? Where can you get tax forms? What you need to do your taxes? How long does it take for you to do your taxes? How do you pay income tax if you are self employed? What is a person who does taxes called? How do I get a tax number from SARS? How can I prepare my tax return? How do you know what your tax return will be? How much should I earn to submit a tax return? Is SARS open on weekends? How much do you need to earn to pay tax in South Africa? What do you need to take to SARS? What does the tax number look like? What is a tax number? How do I register for e-filing? What is the use of SARS E-filing? What is the tax reference number? How many numbers are in a tax number? Is SARS call Centre number toll free? What is meant by provisional tax? How do you know what your tax return will be? How long will it take me to do my taxes? What you can claim on your taxes? What are the documents required to file income tax return? Can you file your taxes on your own? How do I get a tax number from SARS? How can I prepare my tax return? How do you know what your tax return will be? What is your taxable income? How do you calculate tax? How long does it take to get your tax refund? How do you figure out your taxable income? How do I get my tax return? How does a tax right off work? What is the income tax percentage? What is an income tax refund? How much is tax on income? What is the income tax? What are the tax rates for 2018? How do you calculate the tax rate? How much is tax when you buy something? What percentage of your income goes to taxes? How do you figure out the tax on a total? How much does the average South African pay in taxes every year? How much is the tax on food? How do you figure out property tax? How do you take taxes out of your paycheck? How do you do a 20% tip? How do I collect my tax return? What is the difference between a tax return and a tax refund? How do you owe taxes? Can I get tax refund in South Africa? How can I get a copy of my taxes? Do you get your money back from taxes? How far can you go back on your taxes? What is the meaning of income tax refund? How do you know what your tax return will be? How do you file your tax return? How much tax do you pay if you earn R10000 a month? How much does it cost to file taxes with SARS? How do you calculate tax? What is your taxable income? Can I file my 2015 taxes in 2018? Does SARS owe me money? Why do you get a tax refund? How long does it take to get your tax refund? What is it called when you get your tax money back? How many years do you have to file a tax return? How long does it take to get your tax refund in the bank? How long does it take to get your tax refund direct deposit? What is the tax return? What is the estimated tax payment? What is the meaning of tax threshold? What is a SARS tax return? How many days will take for SARS to refund? What is a payroll withholding tax? How do we calculate taxable income? How much money do you have to make before you have to pay taxes? Can you go to jail for not filing a tax return? How long can you go without filing a tax return? What happens if you forget to file taxes? How far can SARS go back on unfiled tax returns? How do I get my tax return? How does a tax refund work? How do you do tax deductions? How can I get a copy of my taxes? How do you know what tax bracket you re in? How do you calculate the tax rate? How do you calculate tax? What is your taxable income? What is taxable income and how is it determined? What is not taxable income? What is an example of an income? Is taxable income and net income the same thing? How salary is taxed in South Africa? What is the taxable income on the income statement? How do you calculate UIF? How much should I earn to submit a tax return? How much tax do you pay for PAYE? How do I calculate my hourly rate from my salary in South Africa? How much do you need to earn before paying tax? How much salary we have to pay income tax? When you have to pay tax? How long does it take to get your UIF money? How much money do you have to make before you have to pay taxes? What is the current tax year in South Africa? What percentage of salary is UIF? How do you figure out your taxable income? What is the maximum amount that can be deducted for UIF? How much money do you get from unemployment? How do you calculate your unemployment benefits? Can you get UIF if you resign? How do you know how much you will get for unemployment? How much does UIF pay out on maternity leave? What do I need to apply for UIF? How do you register as a work seeker? How long after retrenchment can I claim UIF? Can you claim unemployment if you abscond? Can you claim UIF if you go on pension? How do I pay UIF for my domestic worker? When can you claim UIF in South Africa? How do you figure out your severance pay? What is a reasonable severance package? How do you calculate severance package? How do they calculate severance pay? How much tax is deducted from severance pay? How much do you get in a severance package? How is a lump sum severance payment taxed? How is a severance package paid out? Can you negotiate a severance agreement? What do you get in a severance package? Are severance payments taxable income? When an employee is terminated? Is a severance package required by law? What is the statutory redundancy pay? Do you get a severance package if you get laid off? What is a tax preparer called? What you need to do your taxes? How do you pay income tax if you are self employed? How do you benefit from the taxes you pay? What is a tax return? Can you file your taxes online? How do u start your own tax service business? Can you use an auditor to file for previous years of tax?

Posted on 11 February 2025 by Telelaw

Tax and UIF Frequently Asked Questions Do you have question regarding Tax and UIF? Feel free to post your questions below. What follows are samples questions that you might have in relation to your tax and UIF affairs. Can you file your taxes on your own? How do I get Continue Reading

Best Attorneys, Advocates, and lawyers to assist you in your Court Custody matter. When is the best time to get them involved in your case?
When dealing with a family law matter, it is essential that you obtain the best legal advice possible. And in this regard, the best attorney, lawyer, or advocate for you. Not necessarily the most expensive or experienced. This is so as we are dealing with your children, that require the best care and protection. Child custody, child guardianship, visitation and care are all interrelated. However, they all have one underlying principle: the child’s best interests. If parents cannot agree on what is in the child’s best interest, Attorneys, Advocates, lawyers, and the Court may get involved. Your legal representative needs to be on the same page as you.
What do child custody, child guardianship, visitation and care relate to?
The terms child custody, child guardianship, visitation and care relate to a child’s life in relation to a parent, caregiver or interested party. However, if you are a caregiver, your conduct would directly affect various aspects of the minor child’s life. These include daily care, education, medical treatment, and overseas visits. This article attempts to address how the law expects parents to exercise their parental responsibilities and rights concerning their minor children and what they should do if there are issues. If you have a legal problem relating to child custody, child guardianship, visitation, and care, it may be best to consult with a lawyer, attorney, or advocate.
The law focuses on what is best for the child.
Often parents would fight over what parental responsibilities and rights they wish to exercise concerning a child. That would be the conduct of separated parents, divorced parents or parents who share no history but for having a child together. What often happens is that parents focus on what is best for them and not what is best for the child involved. That is unfortunate as they navigate parental responsibilities and rights with the wrong tools. As stated, they need to focus on what is in the child’s best interests. That is so, as the court that makes the final decision follows the best interests of the child principle.
Examples of when a child’s view may be disregarded
It may, however, happen that what is best for the parent may also be best for the child. However, that would not always be the case. It would, however, be the case by chance. For example, a parent may want to have primary care of the minor child because it means they would not have to travel far to see the child. It would be convenient for the parent. But luckily for the parent, the child’s school is close to that parent’s home. Therefore, it would be in the minor child’s best interests to be cared for by that parent. In this scenario, should a court have to adjudicate over this matter, its reasons for allowing the latter parent to care for the minor child primarily is based on what is best for the child (the location of the school) and not what is best for the parent (less travel). However, the outcome would be different if the school was central to both parents’ homes in the same example. The other parent may argue that they may have more time to care for the minor child and assist in homework, extramural activities, etc. In that case, that parent would have a better chance of obtaining primary care.
What about what the child has to say?
In our law, we are expected to consider what the child has to say about a situation or decision involving them. Here we are referring to a child custody matter. This principle does not apply to all children, and it would depend on the age and maturity of the child involved. For example, a child who is 14 years old would be mature enough to provide input. However, we cannot place too much weight on the wants of a three-year-old child who is not even school-going. However, the three-year-old child’s familiarity with the parent and fondness would play a role. Having said the above, it is essential to note that the law does not blindly follow what the child wants, which would be absurd. What is expected is for one to listen to the child, see their reasons, and consider that in relation to the facts of the matter. This includes what the parents have to say. For example, if the child says they want to live with the father because each second weekend, they go to KFC, and the beach and have fun, and at Mom, it is always homework, a healthy diet, and chores, the child’s reasoning is not sound. One would also need to consider whether a parent can care for a child. It would be senseless to place a child in the care of a parent who is rich, works seven days a week and has a handful of nannies to care for the child, despite the other parent working from home and having a lot of time for the child.
When do I fight for parental responsibilities and rights over my minor child?
If in an unfortunate situation where the parents cannot agree on caring for the child, then it is advised they receive professional help. That may not be seeking legal advice from the word go, and it may be meeting with a social worker or a mediator first. If things are getting out of hand, it may be best to consider seeing an attorney, advocate, or lawyer to assist you in your matter.
What Court would be approached in a Child Custody dispute?
There are three possibilities for the Court you may approach in a Child Custody dispute. They are the divorce court in a divorce matter, the Children’s Court, and the High Court. The divorce court will be the appropriate forum if there is a pending divorce. But not always. If you wish to represent yourself, then the Children’s Court is your best option. If you can afford legal representation, your attorney, lawyer, or advocate will advise you whether to approach the High Court.
Best advice on the way forward when it comes to attorneys, advocates, and lawyers
The best advice we have when it comes to attorneys, advocates, and lawyers in child custody matters is that you make use of the one you can work with. It is not ideal to use the most experienced attorney or advocate when he or she is swamped and has no time for your case. [caption id="attachment_10745" align="alignnone" width="300"] Advocate Muhammad Abduroaf – Trust Account Advocate[/caption]

Posted on 11 February 2025 by Telelaw

Best Attorneys, Advocates, and lawyers to assist you in your Court Custody matter. When is the best time to get them involved in your case? When dealing with a family law matter, it is essential that you obtain the best legal advice possible. And in this regard, the best attorney, Continue Reading

Senior family law expert giving the best simple advice on International Relocation of minor children – Adv. Muhammad Abduroaf
International Relocation matters concerning minor children is one category of our law that requires more attention than other categories of family law. If you intend to relocate overseas with your minor child or do not want your minor child to relocate with the other parent, this article is for you. Advocate Muhammad Abduroaf is a senior family law expert with over twenty years of experience in Family law. He runs a Law Firm styled Advocate Muhammad Abduroaf in Cape Town. He is a Trust Account Advocate. What this means, he takes on work from members of the public directly. Other advocates need to be instructed by an attorney to act in your case.
When does the relocation of minor children disputes arise?
The starting point is that parents and their children live in South Africa. A parent, usually the primary caregiver, wants to relocate with the minor child to another country. For this example, we will assume both parents are co-holders of parental responsibilities and rights of guardianship over the specific minor child. For the minor child to leave the Republic of South Africa and relocate with the other parent overseas, the guardianship consent of the parent remaining in South Africa would be required. This is a requirement as provided for in section 18 of the Children’s Act. A dispute arises if the parent remaining in South Africa does not consent to the relocation of the minor child to a different country. This is so as, without a court order stating otherwise, the minor child would not be allowed to relocate overseas.
When should a parent approach the Court in an international relocation matter involving a minor child?
In principle, anyone can approach a court for any matter. However, not everyone would be successful in their case. Therefore, before you approach the Court for consent for the minor child to relocate with you to a different country, you must make sure you have a strong case. On the other hand, if you are a parent whose consent is required and do not want to provide it, you must ensure you have a reason for refusing it. If, however, you do have a strong case, as we would explain further below, for the relocation, then in that case, you should approach the Court.
The best interests of the child’s principle
Both the South African Constitution and the Children’s Act clearly state that a child’s best interests are the most critical factor when it comes to it. In other words, not the best interests of the parents, but the best interests of the child. However, there are cases where upholding the interests of a parent would be in the minor child’s best interests. For example, a much better job offer. In relocation matters, if the parents cannot agree on the relocation of the minor child, then the Court would intervene and only direct that the relocation is authorised if it is of the view that it would be in the minor child’s best interests.
What do I present to the Court regarding international relocation matters?
According to Advocate Muhammad Abduroaf, the reason why people relocate is vast. For most, it is for work or a better life; for others, it is related to going back home or living with a spouse or a loved one. However, that is the reason why the parents want to relocate. Whatever the reason, you need to demonstrate that the minor child would not be in a worse position after the relocation. Therefore, you would have to demonstrate that there would be adequate housing, food, education, medical services and so on after the relocation. In other words, the minor child would not be neglected and would have a good life with his or her primary caregiver.
What can I do if I do not want the relocation to take place?
It is scarce where the non-primary caregiver wants to relocate with the minor child. However, given the correct facts and circumstances, it is possible. In this example, the primary caregiver wants to relocate with the minor child, and the parent remaining behind does not want to consent. That parent must show that it would not be in the minor child’s best interests to relocate. The parent may even go as far as to show that they can care well enough for the minor child in South Africa and that the de facto primary caregiver is welcome to relocate without the minor child.
When do I approach the Court?
As already alluded to above, if the parents cannot come to an agreement regarding the relocation of the minor child to a different country, then in that case, the Court should be approached. It is best to make use of an experienced family lawyer (attorney or Trust Account Advocate). Both parents would provide information in the form of affidavits to the Court as to reasons for the relocation and/or the refusal thereof. In many cases, the Court would appoint the Office of the Family to get involved and do an investigation as to what is in the minor child’s best interests. The Court would then make a ruling on the relocation of the minor child to a foreign country.

Posted on 11 February 2025 by Telelaw

Senior family law expert giving the best simple advice on International Relocation of minor children – Adv. Muhammad Abduroaf International Relocation matters concerning minor children is one category of our law that requires more attention than other categories of family law. If you intend to relocate overseas with your minor Continue Reading

Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Cape Town.
Child Maintenance is the right of the child, and not that of the parent. It is also not a privilege granted to parents who must pay it. It is their duty to pay child maintenance and support their children. Once the child is self-supporting (being able to care for him or herself), the obligation falls away. This can happen when the child is 18, 20, or even 30. It all depends on the circumstances of the case.
Claiming child maintenance for your child in Cape Town
Whether you claim child maintenance in Cape Town, or any other city in South Africa, the procedures would be the same. There are however two (2) courts that can deal with child maintenance matters. That is a divorce court, in a divorce matter, and a Child Maintenance Court. For this article, we will focus on claiming maintenance in a Maintenance Court matter in Cape Town.
The maintenance scenario – Cape Town South Africa
In this article, we will deal with the following fictitious scenario, in a child maintenance matter:
The Child is seven years old and attends school in Cape Town
The child is cared for by the mother who works in Cape Town
The mother works and earns a Salary of R 10 000
The father sees the child every second weekend. He also lives and works in Cape Town
The child’s monthly expenses are R 6000 – 00 which includes food, clothing, accommodation, education, travel etc.
The father earns a reasonable salary and can afford the R 20 000 – 00 per month
The mother claims R 4 000 – 00 maintenance as the father earns double her salary
What is the first step the mother must take in claiming child maintenance?
The first thing the mother must do is work out exactly what the child costs by item. She breaks down the minor child’s living expenses, starting from rent or accommodation to groceries to school fees etc. Once she has done that, she would need to determine what exactly does the minor child cost per month, seeing that she will be asking the father to contribute towards that. As best as possible, she needs to collect proof of expenses. This can be in the form of receipts.
How does she start the legal process?
The mother now needs to approach the maintenance court in the area where she lives or works to lodge a complaint for child maintenance. If she lives or works in Cape Town, it would be the maintenance court in Cape Town. She will complete a Form A wherein she will provide all the expenses for her and the minor child. She would also have to stipulate her income. Once she completed the form and submitted it to the maintenance court, she must then follow the next step.
What do you do while waiting for the maintenance court date?
While you wait to be informed of the court date by the Maintenance Court of Cape Town, and up until the actual first court date, you need to ensure that you keep a record of all income and expenses for you and the child. This is very important as the court allocates maintenance based on recent income and expenses.
What happens at the first court appearance at the Cape Town Maintenance Court?
Once you have been notified of the maintenance court date by the Cape Town Maintenance Court, you need to ensure that you attend it. On that day, both you and the father of the child would appear before a maintenance officer. The maintenance officer would go through both your income and expenses as well as that of the father. If all the relevant information is not before the maintenance court, then the matter may be postponed in order for the parties to submit it.
The maintenance officer will try to settle the matter and have the parents come to an agreement regarding the amount of child maintenance to be paid. If they cannot come to an agreement regarding the child maintenance to be paid, the matter would have to proceed to a formal hearing or trial before a Magistrate.
How does the Maintenance Court hearing or trial work in Cape Town?
Essentially, the maintenance court is called upon to make a fair ruling regarding what is a fair amount of child support that needs to be paid. For that to happen, the parents would have to give evidence in that regard. The mother would present to the court what the child costs, what she contributes and what she requires the other parent to pay. The Father would have a right to question the mother and to present evidence as to why he cannot afford the amount requested or why he feels it is an unfair amount. The mother can they also question him.
At the end of the day, the Cape Town Maintenance Court would be able to properly determine what is a fair and adequate amount of child maintenance to pay after being presented will all relevant information. The Cape Town Maintenance Court should play an active role in determining what is a fair amount of child maintenance the father should pay.
The above child maintenance application principles should apply to the following provinces and cities:
Eastern Cape:
Alice, Butterworth, East London, Graaff-Reinet, Grahamstown, King William’s Town, Mthatha
Port Elizabeth, Queenstown, Uitenhage, Zwelitsha
Free State:
Bethlehem. Bloemfontein, Jagersfontein, Kroonstad, Odendaalsrus, Parys, Phuthaditjhaba, Sasolburg, Virginia, Welkom
Gauteng:
Benoni, Boksburg, Brakpan, Carletonville, Germiston, Johannesburg, Krugersdorp, Pretoria, Randburg, Randfontein, Roodepoort, Soweto, Springs, Vanderbijlpark, Vereeniging
KwaZulu-Natal:
Durban, Empangeni, Ladysmith, Newcastle, Pietermaritzburg, Pinetown, Ulundi, Umlazi
Limpopo:
Giyani, Lebowakgomo, Musina, Phalaborwa, Polokwane, Seshego, Sibasa, Thabazimbi
Mpumalanga:
Emalahleni, Nelspruit, Secunda, North West, Klerksdorp, Mahikeng, Mmabatho, Potchefstroom, Rustenburg, Northern Cape, Kimberley, Kuruman, Port Nolloth
Western Cape:
Bellville, Cape Town, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester

Posted on 11 February 2025 by Telelaw

Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Cape Town. Child Maintenance is the right of the child, and not that of the parent. It is also not a privilege granted to parents who must pay it. It is their Continue Reading

37 Relocation with my minor child to Thailand, Bangkok (Consent and Refusal) – Advocate Muhammad Abduroaf The world is becoming a much smaller place, and technology plays a huge role. People are moving across the world for employment, love and happiness, something that was not the norm a few decades ago. There is no reason why you should remain in South Africa if you can find a better life for yourself and your family overseas. Moving overseas may provide you with the quality of life you want or the possibility of experiencing things you always wanted. The same applies to your child or children relocating with you. Relocation of your minor child to Bangkok, Thailand If you are single and do not have any minor children, then moving around the world would not be too complicated. All you need to do is ensure that you have the necessary travel documentation and travel ticket (and spending money), and off you go. However, if you want to travel with your minor children (for example, ages one or two) or relocate to another country, things may not be that simple. Firstly, if there is another parent, and he or she has parental responsibilities and rights, then his or her consent is required. For example, let us say you live in Durban or Pretoria, South Africa, and you want to relocate to Bangkok, Thailand, you would require the other parent’s consent to leave South Africa with your minor child. This can cause challenges, especially if the staying parent (in South Africa) does not agree to the relocation. What about Passport Consent to travel or relocate to Bangkok, Thailand? The same applies when it comes to your minor child applying for a South African passport to relocate to Thailand, or any country. Both parents who have parental responsibilities and rights of guardianship will have to consent to the minor child’s passport application as well. In this regard, both parents have to be at the Department of Home Affairs (or the relevant bank that also assists with passport application) when making the Application with the minor child. This can be challenging if you have a disinterested parent who does not want to cooperate with the passport application. As you will see later, legal action would need to be taken. What are the steps to follow when I want to relocate to Bangkok, Thailand with my minor child? There is there another parent. To simplify the process for relocation, the first step would be to receive the other parent’s consent in principle for the relocation and that he or she will co-operate in this regard. Once that has been resolved, the parent relocating would need to make the appointment for the minor child’s passport application as well as the application for the relevant VISA. Each country has different requirements; however, seeing that it is a relocation, you need to apply for the correct VISA. For that, you need the Passport. Once the visa and travel arrangements have been finalised, the parent remaining behind will sign a parental consent letter for the international travel. That letter can be found on the Department of Home Affairs website. Basically, the parent remaining behind would state that he or she gives consent for the minor child to leave the Republic of South Africa and travel and/or relocate to Bangkok, Thailand. What can I do if the other parent does not want to consent to the minor child’s relocation to Bangkok, Thailand? If the parent remaining in South Africa does not want to consent to the minor child’s passport application and/or his or her relocation to Bangkok, Thailand, then you would need to approach the Court. The Court, as upper guardian of the minor child, may order that the parent’s consent for the passport application and relocation be dispensed with. What this entails is submitting Court documents explaining why you want to relocate to Bangkok, Thailand. The other parent would also have an opportunity to give reasons why he or she objects. At the end of the process, the Court would determine what is in the minor child’s best interests. If it is in the minor child’s best interests to relocate to Bangkok, Thailand, the Court would make it possible despite the issue of consent or refusal. What is the first step I should take if the other parent does not want to consent to the minor child’s passport application and/or relocation to Bangkok, Thailand? If the other parent does not want to consent to the passport application and/or the relocation of the minor child to Bangkok, Thailand – in that case, we suggest you approach an attorney or advocate (trust account) to assist you with the legal process. He or she would then contact the other parent explaining the reasons for the relocation and request the necessary consent. If the parent remaining in South Africa does still not agree to the passport application and/or to the relocation to Bangkok, Thailand, then the attorney or advocate will proceed to take the matter to court. The legal route can be expensive. However, it is necessary to make the relocation of the minor child possible. You may also attend to the legal process yourself. Getting legal assistance or help with your relocation application to Bangkok, Thailand If you require legal assistance or representation with relocating to Bangkok, Thailand due to the other parent not cooperating or providing consent, then feel free to contact us for assistance. The Firm Advocate, Muhammad Abduroaf, deals with these types of matters.

Posted on 11 February 2025 by Telelaw

37 Relocation with my minor child to Thailand, Bangkok (Consent and Refusal) – Advocate Muhammad Abduroaf The world is becoming a much smaller place, and technology plays a huge role. People are moving across the world for employment, love and happiness, something that was not the norm a few decades Continue Reading

43 Relocation with my minor child to United Kingdom, London (Consent and Refusal) – Advocate Muhammad Abduroaf The world is becoming a much smaller place, and technology plays a huge role. People are moving across the world for employment, love and happiness, something that was not the norm a few decades ago. There is no reason why you should remain in South Africa if you can find a better life for yourself and your family overseas. Moving overseas may provide you with the quality of life you want or the possibility of experiencing things you always wanted. The same applies to your child or children relocating with you. Relocation of your minor child to London, United Kingdom If you are single and do not have any minor children, then moving around the world would not be too complicated. All you need to do is ensure that you have the necessary travel documentation and travel ticket (and spending money), and off you go. However, if you want to travel with your minor children (for example, ages five or six) or relocate to another country, things may not be that simple. Firstly, if there is another parent, and he or she has parental responsibilities and rights, then his or her consent is required. For example, let us say you live in Alice or Bethlehem, South Africa, and you want to relocate to London, United Kingdom, you would require the other parent’s consent to leave South Africa with your minor child. This can cause challenges, especially if the staying parent (in South Africa) does not agree to the relocation. What about Passport Consent to travel or relocate to London, United Kingdom? The same applies when it comes to your minor child applying for a South African passport to relocate to United Kingdom, or any country. Both parents who have parental responsibilities and rights of guardianship will have to consent to the minor child’s passport application as well. In this regard, both parents have to be at the Department of Home Affairs (or the relevant bank that also assists with passport application) when making the Application with the minor child. This can be challenging if you have a disinterested parent who does not want to cooperate with the passport application. As you will see later, legal action would need to be taken. What are the steps to follow when I want to relocate to London, United Kingdom with my minor child? There is there another parent. To simplify the process for relocation, the first step would be to receive the other parent’s consent in principle for the relocation and that he or she will co-operate in this regard. Once that has been resolved, the parent relocating would need to make the appointment for the minor child’s passport application as well as the application for the relevant VISA. Each country has different requirements; however, seeing that it is a relocation, you need to apply for the correct VISA. For that, you need the Passport. Once the visa and travel arrangements have been finalised, the parent remaining behind will sign a parental consent letter for the international travel. That letter can be found on the Department of Home Affairs website. Basically, the parent remaining behind would state that he or she gives consent for the minor child to leave the Republic of South Africa and travel and/or relocate to London, United Kingdom. What can I do if the other parent does not want to consent to the minor child’s relocation to London, United Kingdom? If the parent remaining in South Africa does not want to consent to the minor child’s passport application and/or his or her relocation to London, United Kingdom, then you would need to approach the Court. The Court, as upper guardian of the minor child, may order that the parent’s consent for the passport application and relocation be dispensed with. What this entails is submitting Court documents explaining why you want to relocate to London, United Kingdom. The other parent would also have an opportunity to give reasons why he or she objects. At the end of the process, the Court would determine what is in the minor child’s best interests. If it is in the minor child’s best interests to relocate to London, United Kingdom, the Court would make it possible despite the issue of consent or refusal. What is the first step I should take if the other parent does not want to consent to the minor child’s passport application and/or relocation to London, United Kingdom? If the other parent does not want to consent to the passport application and/or the relocation of the minor child to London, United Kingdom – in that case, we suggest you approach an attorney or advocate (trust account) to assist you with the legal process. He or she would then contact the other parent explaining the reasons for the relocation and request the necessary consent. If the parent remaining in South Africa does still not agree to the passport application and/or to the relocation to London, United Kingdom, then the attorney or advocate will proceed to take the matter to court. The legal route can be expensive. However, it is necessary to make the relocation of the minor child possible. You may also attend to the legal process yourself. Getting legal assistance or help with your relocation application to London, United Kingdom If you require legal assistance or representation with relocating to London, United Kingdom due to the other parent not cooperating or providing consent, then feel free to contact us for assistance. The Firm Advocate, Muhammad Abduroaf, deals with these types of matters.

Posted on 11 February 2025 by Telelaw

43 Relocation with my minor child to United Kingdom, London (Consent and Refusal) – Advocate Muhammad Abduroaf The world is becoming a much smaller place, and technology plays a huge role. People are moving across the world for employment, love and happiness, something that was not the norm a few Continue Reading

Relocation with my minor child to China, Shanghai (Consent and Refusal) – Advocate Muhammad Abduroaf
The world is becoming a much smaller place, and technology plays a huge role. People are moving across the world for employment, love and happiness, something that was not the norm a few decades ago. There is no reason why you should remain in South Africa if you can find a better life for yourself and your family overseas. Moving overseas may provide you with the quality of life you want or the possibility of experiencing things you always wanted. The same applies to your child or children relocating with you.
Relocation of your minor child to Shanghai, China
If you are single and do not have any minor children, then moving around the world would not be too complicated. All you need to do is ensure that you have the necessary travel documentation and travel ticket (and spending money), and off you go. However, if you want to travel with your minor children (for example, ages three or four) or relocate to another country, things may not be that simple. Firstly, if there is another parent, and he or she has parental responsibilities and rights, then his or her consent is required. For example, let us say you live in Secunda or Mmabatho, South Africa, and you want to relocate to Shanghai, China, you would require the other parent’s consent to leave South Africa with your minor child. This can cause challenges, especially if the staying parent (in South Africa) does not agree to the relocation.
What about Passport Consent to travel or relocate to Shanghai, China?
The same applies when it comes to your minor child applying for a South African passport to relocate to China, or any country. Both parents who have parental responsibilities and rights of guardianship will have to consent to the minor child’s passport application as well. In this regard, both parents have to be at the Department of Home Affairs (or the relevant bank that also assists with passport application) when making the Application with the minor child. This can be challenging if you have a disinterested parent who does not want to cooperate with the passport application. As you will see later, legal action would need to be taken.
What are the steps to follow when I want to relocate to Shanghai, China with my minor child? There is another parent.
To simplify the process for relocation, the first step would be to receive the other parent’s consent in principle for the relocation and that he or she will co-operate in this regard. Once that has been resolved, the parent relocating would need to make the appointment for the minor child’s passport application as well as the application for the relevant VISA. Each country has different requirements; however, seeing that it is a relocation, you need to apply for the correct VISA. For that, you need the Passport. Once the visa and travel arrangements have been finalised, the parent remaining behind will sign a parental consent letter for the international travel. That letter can be found on the Department of Home Affairs website. Basically, the parent remaining behind would state that he or she gives consent for the minor child to leave the Republic of South Africa and travel and/or relocate to Shanghai, China.
What can I do if the other parent does not want to consent to the minor child’s relocation to Shanghai, China?
If the parent remaining in South Africa does not want to consent to the minor child’s passport application and/or his or her relocation to Shanghai, China, then you would need to approach the Court. The Court, as upper guardian of the minor child, may order that the parent’s consent for the passport application and relocation be dispensed with. What this entails is submitting Court documents explaining why you want to relocate to Shanghai, China. The other parent would also have an opportunity to give reasons why he or she objects. At the end of the process, the Court would determine what is in the minor child’s best interests. If it is in the minor child’s best interests to relocate to Shanghai, China, the Court would make it possible despite the issue of consent or refusal.
What is the first step I should take if the other parent does not want to consent to the minor child’s passport application and/or relocation to Shanghai, China?
If the other parent does not want to consent to the passport application and/or the relocation of the minor child to Shanghai, China – in that case, we suggest you approach an attorney or advocate (trust account) to assist you with the legal process. He or she would then contact the other parent explaining the reasons for the relocation and request the necessary consent. If the parent remaining in South Africa does still not agree to the passport application and/or to the relocation to Shanghai, China, then the attorney or advocate will proceed to take the matter to court. The legal route can be expensive. However, it is necessary to make the relocation of the minor child possible. You may also attend to the legal process yourself.
Getting legal assistance or help with your relocation application to Shanghai, China
If you require legal assistance or representation with relocating to Shanghai, China due to the other parent not cooperating or providing consent, then feel free to contact us for assistance. The Firm Advocate, Muhammad Abduroaf, deals with these types of matters.

Posted on 11 February 2025 by Telelaw

Relocation with my minor child to China, Shanghai (Consent and Refusal) – Advocate Muhammad Abduroaf The world is becoming a much smaller place, and technology plays a huge role. People are moving across the world for employment, love and happiness, something that was not the norm a few decades ago. Continue Reading

How do you go about getting custody of a child?
Gaining child custody can be a dreadful legal battle as parents often make irrational decisions based on their own emotions and not that of their child/children. Often, the legal expert will be referring to the Children’s Act as a guideline to the way forward. [caption id="attachment_4304" align="alignleft" width="300"] Call us on: 0211110090
Email: [email protected][/caption] The focus of the Children’s Act however, is on the child’s rights rather than the rights of parents and highlights the best interest of the child. In turn, the legal expert will guide the parents along the way should parents be too self-absorbed in the tension and conflict of a divorce. Our legal consultancy boast a well experienced, professional, family legal expert who will be advising you through the process. [caption id="attachment_4305" align="alignleft" width="300"] Call us on: 0211110090
Email: [email protected][/caption] For more details on how to gain child custody, click on the articles below which contain free, expert legal advice:
How do I get full custody over my child?
Parental child abuse in custody cases
What does it mean when you have primary residential custody?
What happens in custody dispute where one parent is mentally ill?

How to go about getting joint custody?

Joint custody however, will require both parents to be on the same page as both parents will share in the access of the child. In this case, having a parenting plan professionally drafted may be ideal. A parenting plan simply places things into perspective and help them establish a common ground for the sake of the child. [caption id="attachment_4306" align="alignleft" width="300"]

Call us on: 0211110090
Email: [email protected][/caption] At Our Lawyer Pty Ltd, we are professional legal drafters and can draft you a parenting plan that reflects the rights, responsibilities and best interests of the child.

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Call us on: 0211110090
Email: [email protected][/caption] Call our offices today and have an online appointment made for you by our friendly receptionist for a professional legal consultation. Our law offices enables free Wi-Fi in a professional, private setting and our consultations are fully confidential. In the consultation, you will be having a one-on-one legal session with the family legal expert who will guide you along the different types of child custody processes. Connect with us today!

Posted on 11 February 2025 by Telelaw

How do you go about getting custody of a child? Gaining child custody can be a dreadful legal battle as parents often make irrational decisions based on their own emotions and not that of their child/children. Often, the legal expert will be referring to the Children’s Act as a guideline Continue Reading

Relocation with my minor child to Italy, Milan (Consent and Refusal) – Advocate Muhammad Abduroaf
The world is becoming a much smaller place, and technology plays a huge role. People are moving across the world for employment, love and happiness, something that was not the norm a few decades ago. There is no reason why you should remain in South Africa if you can find a better life for yourself and your family overseas. Moving overseas may provide you with the quality of life you want or the possibility of experiencing things you always wanted. The same applies to your child or children relocating with you.
Relocation of your minor child to Milan, Italy
If you are single and do not have any minor children, then moving around the world would not be too complicated. All you need to do is ensure that you have the necessary travel documentation and travel ticket (and spending money), and off you go. However, if you want to travel with your minor children (for example, ages three or four) or relocate to another country, things may not be that simple. Firstly, if there is another parent, and he or she has parental responsibilities and rights, then his or her consent is required. For example, let us say you live in Cape Town or Pinetown, South Africa, and you want to relocate to Milan, Italy, you would require the other parent’s consent to leave South Africa with your minor child. This can cause challenges, especially if the staying parent (in South Africa) does not agree to the relocation.
What about Passport Consent to travel or relocate to Milan, Italy?
The same applies when it comes to your minor child applying for a South African passport to relocate to Italy, or any country. Both parents who have parental responsibilities and rights of guardianship will have to consent to the minor child’s passport application as well. In this regard, both parents have to be at the Department of Home Affairs (or the relevant bank that also assists with passport application) when making the Application with the minor child. This can be challenging if you have a disinterested parent who does not want to cooperate with the passport application. As you will see later, legal action would need to be taken.
What are the steps to follow when I want to relocate to Milan, Italy with my minor child? There is another parent.
To simplify the process for relocation, the first step would be to receive the other parent’s consent in principle for the relocation and that he or she will co-operate in this regard. Once that has been resolved, the parent relocating would need to make the appointment for the minor child’s passport application as well as the application for the relevant VISA. Each country has different requirements; however, seeing that it is a relocation, you need to apply for the correct VISA. For that, you need the Passport. Once the visa and travel arrangements have been finalised, the parent remaining behind will sign a parental consent letter for the international travel. That letter can be found on the Department of Home Affairs website. Basically, the parent remaining behind would state that he or she gives consent for the minor child to leave the Republic of South Africa and travel and/or relocate to Milan, Italy.
What can I do if the other parent does not want to consent to the minor child’s relocation to Milan, Italy?
If the parent remaining in South Africa does not want to consent to the minor child’s passport application and/or his or her relocation to Milan, Italy, then you would need to approach the Court. The Court, as upper guardian of the minor child, may order that the parent’s consent for the passport application and relocation be dispensed with. What this entails is submitting Court documents explaining why you want to relocate to Milan, Italy. The other parent would also have an opportunity to give reasons why he or she objects. At the end of the process, the Court would determine what is in the minor child’s best interests. If it is in the minor child’s best interests to relocate to Milan, Italy, the Court would make it possible despite the issue of consent or refusal.
What is the first step I should take if the other parent does not want to consent to the minor child’s passport application and/or relocation to Milan, Italy?
If the other parent does not want to consent to the passport application and/or the relocation of the minor child to Milan, Italy – in that case, we suggest you approach an attorney or advocate (trust account) to assist you with the legal process. He or she would then contact the other parent explaining the reasons for the relocation and request the necessary consent. If the parent remaining in South Africa does still not agree to the passport application and/or to the relocation to Milan, Italy, then the attorney or advocate will proceed to take the matter to court. The legal route can be expensive. However, it is necessary to make the relocation of the minor child possible. You may also attend to the legal process yourself.
Getting legal assistance or help with your relocation application to Milan, Italy
If you require legal assistance or representation with relocating to Milan, Italy due to the other parent not cooperating or providing consent, then feel free to contact us for assistance. The Firm Advocate, Muhammad Abduroaf, deals with these types of matters.

Posted on 11 February 2025 by Telelaw

Relocation with my minor child to Italy, Milan (Consent and Refusal) – Advocate Muhammad Abduroaf The world is becoming a much smaller place, and technology plays a huge role. People are moving across the world for employment, love and happiness, something that was not the norm a few decades ago. Continue Reading

My Child was born out of wedlock: Her mother will not consent to her surname change and for me to be registered as her biological father. What can I do?
It often happens that a child is registered at the Department of Home Affairs with the mother’s surname, and later the father wants the child to have his surname. The opposite is also true. This is when the child has the father’s surname, and the mother wants her to have her surname. This often happens in cases of children born out of wedlock, or in cases where the parents are divorced. So, what can a parent do to change the child’s surname? Read on to find out the answers below. Then there is the other scenario where the details of the father are not provided when registering the child with the Department of Home Affairs. One reason for this could be that the mother is not certain who the father is, or just does not want him to be associated with the child. Either way, that section of the child’s birth registration is left blank. Now, what can such a father, or child do under such a situation? We approached Advocate Muhammad Abduroaf, a Family Law Expert for some advice on this issue. Read on if you want to know more. [caption id="attachment_2957" align="alignleft" width="200"] Consult with us, click here.[/caption]

What is a surname?

A surname connects you to your family, ancestors and heritage. On a rare occasion, your last name can be an omen that you carry with you for the rest of your life. Each parent would prefer to have their offspring have their family name to connect their child to them. But sometimes, getting it right can be a challenge, especially if the child’s parents are not married and do not share the same surname. You may find the following articles interesting:

Most people get married, and the wife usually changes her surname to that of her husband, or have what they call a “double-barrel” surname. If that is the case, then their offspring would have their last name. Should the child walk down the street past a neighbour, and a neighbour asks the child her surname, through that they would be able to assume where the child lives, and who her parents are etc. Depending on the neighbourhood, the child’s great-grandparents would also be able to be identified. For some, having the same surname as your parents can be less important, but mostly not.

What does the law say about changing a minor child’s surname?

A child must have the surname of one of his or her parents. If the child was born out of wedlock, the child will have the surname of the mother, unless the father consent to the use of his surname. According to the Births and Deaths Registration Act 51 of 1992 a “child born out of wedlock” “does not include a child whose parents were married to each other at the time of his or her conception or at any time thereafter before the completion of his or her birth”. We are going to look at two issues in this legal article. The first is that of the amendment of the birth registration of children born out of wedlock. In other words, correcting the records to reflect the biological father, as the father. It is possible for the change of a surname of a child born within marriage; however, this article will not be dealing with that. The other issue we shall look at is how can a surname change be done. This would be of use to fathers who never married the mother.

Where are the father’s details found?

It may come to the surprise of the father to find out that he is not registered as the father of his child at the Department of Home Affairs. When he finds this out, the first thing he may do is speak to a lawyer or do some research. Either route will take him to the relevant legislation, in this case, the Births and Deaths Registration Act 51 of 1992. The Act is a long and crafty piece of legislation. We shall however only deal with the relevant sections for this legal piece.

Section 11 of the Births and Deaths Registration Act 51 of 1992

Section 11 of the Births and Deaths Registration Act 51 of 1992 deals with the amendment of birth registration of a child born out of wedlock. An extract of the Act is as follows:

Amendment of birth registration of child born out of wedlock

(1) Any parent of a child born out of wedlock whose parents married each other after the registration of his or her birth, may, if such child is a minor, or such child himself or herself may, if he or she is of age, apply in the prescribed manner to the Director-General to amend the registration of his or her birth as if his or her parents were married to each other at the time of his or her birth, and thereupon the Director-General shall, if satisfied that the applicant is competent to make the application, that the alleged parents of the child are in fact his or her parents and that they legally married each other, amend the registration of birth in the prescribed manner as if such child’s parents were legally married to each other at the time of his or her birth. (2) If the parents of a child born out of wedlock marry each other before notice of his or her birth is given, notice of such birth shall be given and the birth registered as if the parents were married to each other at the time of his or her birth. (3) … (4) A person who wishes to acknowledge himself to be the father of a child born out of wedlock, may, in the prescribed manner, with the consent of the mother of the child, apply to the Director-General, who shall amend the registration of the birth of such child by recording such acknowledgement and by entering the prescribed particulars of such person in the registration of the birth of such child. (4A) An amendment of the particulars of a person who has acknowledged himself as a father of a child as contemplated in subsection (4) and section 10(1)(b) of the Act shall be supported by the prescribed conclusive proof of that person being the father of the child. (5) Where the mother of a child has not given her consent to the amendment of the registration of the birth of her child in terms of subsection (4), the father of such a child shall apply to the High Court of competent jurisdiction for a declaratory order which confirms his or her paternity of the child and dispenses with the requirement of consent of the mother contemplated in subsection (4). (6) When the court considers the application contemplated in subsection (5) the provisions of section 26(b) of the Children’s Act shall apply. In short, the sections say … The above sections are self-explanatory. They deal with the situation where a change is made in relation to the marital status of the parent and for the inclusion of the father in the records. What is important to note is that the records can be changed after the parent married each other, and by the child when he or she turns 18. Furthermore, even if the mother refuses to give consent, the father can apply to the Court to dispense with the mother’s consent. Section 26(b) of the Children’s Act deals with persons who apply to Court to confirm paternity. As can be seen from the above, the law allows for a change in the birth registration regarding the marital status of a child’s parents in relation to the specific child, as well as the identity of the child’s father. According to the regulations of the Births and Deaths Registration Act 51 of 1992, both parents must complete Form BI-1682 and submit it to any domestic Home Affairs office under normal circumstances. Otherwise, a Court order is required.

Alteration or Change to a minor child’s surname

Now we move onto the aspect of the alteration of the surname of the minor child. Unlike the amendment of the records to reflect the marital status of the parents, or identity of the father of the minor child in the record, where we are dealing with factual issues; changing a surname, can have greater issues. In other words, a mother would not have much of a foot to stand on in refusing a father the right to have the records reflect him as a father. However, when it comes to a parent refusing a surname change, things are not that simple. This is where a child’s best interests have to be looked at. At the outset, one can assume that litigation could become inevitable. The relevant section to look at is section 25 of the Births and Deaths Registration Act 51 of 1992. An extract of the Act is as follows:

Alteration of surname of minor

(1) When – (a) the birth of any minor born out of wedlock has been registered and the mother of that minor marries any person other than the natural father of the minor; (b) the father of any minor is deceased or his or her parents’ marriage has been dissolved and his or her mother remarries or his or her mother as a widow or divorcee resumes a surname which she bore at any prior time and the father, where the marriage has been dissolved, consents thereto in writing, unless a competent court grants exemption from such consent; (c) the birth of any minor born out of wedlock has been registered under the surname of his or her natural father and the natural father consents thereto in writing, unless a competent court grants exemption from such consent; or (d) a minor is in the care of a guardian, his or her mother or his or her guardian, as the case may be, may apply to the Director-General for the alteration of his or her surname to the surname of his or her mother, or the surname which his or her mother has resumed, or the surname of his or her guardian, as the case may be, and the Director-General may alter the registration of birth of that minor accordingly in the prescribed manner: Provided that the man who married the mother of a minor mentioned in paragraph (a) or (b), shall grant written consent for the alteration. (1A) Notwithstanding subsection (1)(b) and (c), the natural father’s written consent is not required where the mother has sole guardianship of the child concerned. (2) Any parent of a minor whose birth has been included under a specific surname in the population register, may on the strength of a reason not mentioned in subsection (1), apply in the prescribed manner to the Director-General for the alteration of the surname of the minor under which his or her birth was registered, and the Director-General may, on submission of a good and sufficient reason given for the contemplated alteration of the surname, alter the said original surname accordingly in the prescribed manner. (3) For the purposes of this section “guardian” includes any person who has in law or in fact the custody or control of a minor. Section 25 is quite self-explanatory. For the purpose of this article, section 25(2) is of relevance. What is important to also note is that if a parent does not consent to the surname change application, the Court can give such consent to such an application or dispense with the refusing parent’s consent. Under all circumstances, the child’s best interests would be looked at when considering such a court application. Below are some examples of good reasons, and not so good reasons for such an Application:

Good reasons for the surname change of a minor child

One good reason would be that the minor child always used the surname of the father, but has not been registered with his surname. There are always problems that occurs due to the parent having a different surname than the child. The father is caring for the child and/or the child primarily lives with him.

Unsound reasons for a surname change of a minor child

On the basis that the child should have the fathers surname in principle. He was never involved in the child’s life but now wants a surname change. The sole reason for the change is that he is paying child support. The child visits him during the holidays.

Final words to parents of children born out of wedlock

If a child was born out of wedlock, it is recommended that the father’s details be included in the registration. If the parties are intending to live together as life partners, and not get married, they need to discuss the aspect of whose surname the child will have. This will have a huge impact on the child’s life in the future. If they cannot come to an agreement on the surname, it would be best to take the issue on mediation. We wish all parents the best in the parenting of their child. Remember, a child cannot choose his or her surname at birth, let alone his or her parents. But you as parents have the choice to make the right decisions for the sake of the future happiness of your child.

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We have an online appointments system which enables you to save valuable time and cut straight to the chase. There is, therefore, no need for you to visit our offices (unless it is best for you to do so, or is your most preferred option). You may set up telephonic or video consultations should you wish to do so. You can, therefore, stay in the office or on the couch in the comfort of your own home when dealing with us. We are therefore physical, online, set-up and ready to meet with you. Make your appointment online for a consultation today. If you find any of our articles, free resources and posts interesting, or possibly useful to others, please like and share it on Social Media by clicking on the icons below. Should you require any other legal services and advice, not related to family law, visit Private Legal. Or click here for the details of Cape Town Advocate, Muhammad Abduroaf or this advocate link to learn more. [caption id="attachment_5070" align="alignleft" width="300"] Advocate of the High Court of South Africa

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Posted on 11 February 2025 by Telelaw

My Child was born out of wedlock: Her mother will not consent to her surname change and for me to be registered as her biological father. What can I do? It often happens that a child is registered at the Department of Home Affairs with the mother’s surname, and later Continue Reading