Child Custody, Relocation, Surname Change and the High Court
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Relocation with my minor child to Vietnam, Ho Chi Minh City (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 Ho Chi Minh City, Vietnam
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 Kimberley or Potchefstroom, South Africa, and you want to relocate to Ho Chi Minh City, Vietnam, 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 Ho Chi Minh City, Vietnam?
The same applies when it comes to your minor child applying for a South African passport to relocate to Vietnam, 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 Ho Chi Minh City, Vietnam 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 Ho Chi Minh City, Vietnam. What can I do if the other parent does not want to consent to the minor child’s relocation to Ho Chi Minh City, Vietnam?
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 Ho Chi Minh City, Vietnam, 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 Ho Chi Minh City, Vietnam. 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 Ho Chi Minh City, Vietnam, 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 Ho Chi Minh City, Vietnam?
If the other parent does not want to consent to the passport application and/or the relocation of the minor child to Ho Chi Minh City, Vietnam – 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 Ho Chi Minh City, Vietnam, 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 Ho Chi Minh City, Vietnam
If you require legal assistance or representation with relocating to Ho Chi Minh City, Vietnam 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 by Telelaw
Frequently Asked Questions and Answers on Prenuptial and Ante-nuptial Contracts
Do you have any specific question on pre-nuptial or ante-nuptial contracts similar to that below? If yes, feel free to post it below. We will try to answer them for you as best we can.How does a pre-nuptial contract work?
A pre-nuptial or ante-nuptial contract is an agreement an unmarried couple enters into before they get married. I deals with the proprietary aspects of their marriage and other related issues. For example, it would deal with what matrimonial property regime applies to the marriage. For example, whether they will be be married “In Community of Property and Profit and Loss”, or “Our of Community of Property and Loss”with our without the Accrual Regime. In an Ante-nuptial contract mention can also be made of what assets are excluded from the joint estate etc. Below are some questions that people have in relation to to ante-nuptial contracts. The Pre-nuptial agreement is executed, or signed before a Notary Public who then registers the document at the office of the Registrar of Deeds. In this way, the information in the Ante-Nuptial Contract becomes public.How many years is a prenuptial agreement good for?
For the entire duration of the marriage.What is a prenuptial agreement in marriage?
It is an agreement a couple enters into before the marriage.How long should you wait to get married after signing a prenup?
You can get married the next day.Can you get a prenup after you get married?
No. You should then enter into a postnuptial contract. You need to consent of the high court for that.Can a prenuptial agreement be overturned?
Yes, if it was fraudulently done.How much does it cost to get a prenuptial agreement?
Different places have different costs.Can a will override a prenup?
No it cannot.What good is a prenup?
One that is well written with no ambiguity.What are ante-nuptials?
Agreements before the marriage.Can you do a prenuptial agreement after marriage?
No. You should then enter into a postnuptial contract. You need to consent of the high court for that.Can a prenuptial agreement be voided?
Yes it can, if there was fraud involved.How long does it take to draw up a prenuptial agreement?
A good lawyer should take less than an hour for a basic one. A complicated one could take much longer.Can you get a prenup for future assets?
Yes you can.Can a prenup protect future inheritance?
Yes it can.Is my husband entitled to half my inheritance?
It depends what the will of the person says.How much money can you inherit before you have to pay taxes?
You need to speak to an accountant for that.Can you get a postnuptial agreement?
Yes, but you need the High Court’s Consent before you can register it.How do you get a prenuptial agreement?
You should see a lawyer.Are post NUPS legal in South Africa?
Yes, it is.Are postnuptial agreements valid in Cape Town?
Yes it is. You need the High Court’s Consent.What does a postnuptial agreement mean?
An agreement, the same and an antenuptial agreement, but entered into after the marriage.What is a marital agreement?
Is marriage a covenant or a contract?
How long does it take for a divorce to be final after signing papers?
What is the meaning of Antenuptial?
Can you change your marriage contract after marriage?
What does an invalid marriage mean?
What does it mean to be married out of community of property?
What is COP marriage?
What does it mean to be married in community of property?
What is a marriage settlement?
Is a marriage a legal contract?
What does it mean to contract a marriage?
What is a settlement agreement in a divorce?
Can a marriage settlement agreement be changed?
Is a prenup a contract?
Are prenuptial agreements valid in India?
Is contract marriage legal in India?
What is prenuptial agreement in us?
How long should you wait to get married after signing a prenup?
What good is a prenup?
Can you deny a divorce?
Do you have to go to court for an uncontested divorce?
Do you have to have a lawyer to get a divorce?
How do you get a divorce if you have no money?
Can you get a divorce without a signature?
Can you reopen a divorce case?
How long do you have to respond to a divorce?
Is money received in a divorce settlement taxable?
Is a divorce agreement legally binding?
How long does it take to get a final decree of divorce?
Is a mediated agreement legally binding?
Can you settle a divorce out of court?
Can you appeal a divorce settlement?
How do you enforce a divorce decree?
How long does it take for a divorce to be final after signing papers?
Can a separation agreement be changed after divorce?
Can you have a divorce reversed?
Can you have a divorce decree amended?
How long do you have to file an appeal in a divorce case?
Can a divorce be undone?
Can I change my divorce settlement?
Can you stop a divorce once you file?
What is an appeal for divorce?
Can a divorce agreement be amended?
Can divorce papers be changed?
Can you change a mediation agreement?
How do I change my divorce decree?
Can you ask for alimony after the divorce is final?
What is an amended petition for divorce?
What happens after you file a divorce petition?
What does amend mean in court?
What does it mean when a charge is amended?
Can prosecutor change charges during a trial?
Can a judge drop all charges?
Can a judge change a verdict?
Can a judge overrule the assessors?
How can a judge be removed from office?
Can a sentence be increased on appeal?
Can a judge direct a guilty verdict?
Can a prosecutor overrule a judge’s decision?
What does notwithstanding the verdict mean?
Can you appeal against a not guilty verdict?
Can you appeal a jury verdict?
Posted on by Telelaw
Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Mahikeng.
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 Mahikeng
Whether you claim child maintenance in Mahikeng, 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 Mahikeng.
The maintenance scenario – Mahikeng 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 Mahikeng
- The child is cared for by the mother who works in Mahikeng
- 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 Mahikeng
- 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 Mahikeng, it would be the maintenance court in Mahikeng. 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 Mahikeng, 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 Mahikeng Maintenance Court?
Once you have been notified of the maintenance court date by the Mahikeng 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 Mahikeng?
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 Mahikeng 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 Mahikeng 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, Mahikeng, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester
Posted on by Telelaw