Child maintenance, child support, maintenance claims, Cape Town, South Africa

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Child maintenance, child support, maintenance claims, Cape Town, South Africa

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17 Relocation with my minor child to Italy, Rome (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 Rome, 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 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 Carletonville or Pietermaritzburg, South Africa, and you want to relocate to Rome, 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 Rome, 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 Rome, Italy 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 Rome, Italy. What can I do if the other parent does not want to consent to the minor child’s relocation to Rome, 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 Rome, 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 Rome, 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 Rome, 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 Rome, Italy? If the other parent does not want to consent to the passport application and/or the relocation of the minor child to Rome, 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 Rome, 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 Rome, Italy If you require legal assistance or representation with relocating to Rome, 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.

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Non Compliance with Court Order Divorce

All parents ought to see to their children’s needs whether married or unmarried. The court however, need not intervene when parents have informally agreed to see to the maintenance of the child. Most times however, divorced parents do not see eye to eye and seek the court’s intervention for child support. [caption id="attachment_4485" align="alignleft" width="300"] Call our law offices on: 0211110090
Email: [email protected][/caption] Our law offices boast a well experienced family legal expert who can offer you quality legal advice in child maintenance, child custody and divorce legal matters. During our years of experience, we’ve found that parties usually resort to a maintenance order when they don’t see eye to eye. A maintenance order is a direct legal instruction for the parent to pay child support – failure in doing so is a serious offense. For free professional, legal expert advice on non-compliance with maintenance orders, click on our child maintenance articles below: [caption id="attachment_4499" align="alignleft" width="300"] Call our law offices on: 0211110090
Email: [email protected][/caption]           Our law offices are situated in the heart of the buzzing CBD at Suit 702, 7th floor, The Pinnacle, corner of Strand and Burg Street, Cape Town. Feel free to call our offices and have our friendly receptionist make an online appointment for you for a professional legal consultation today.

Breach of Court Order

It is not uncommon to find that a parent fails to pay maintenance irrespective of the court order that was granted. When this happens, the following must be done:
  • A formal complaint must be laid at your closest maintenance office
  • The maintenance office will hold a record of a series of payments that’s been made previously and this record will automatically reflect a lapse payment as well.
  • If the parent happens to be employed and still refuse to pay maintenance, the court may enforce an order to get the maintenance from the work directly.
  • When a court order is in place and the other party refuses to pay regardless, the court will call them in. On this day, the court will hear them out as to why they have disobeyed the maintenance order and it will be expected for the other parent to pay all maintenance owed. Failure to comply with the maintenance order means that they will go to jail.
[caption id="attachment_4486" align="alignleft" width="300"] Call our law offices on: 0211110090
Email: [email protected][/caption] For more information on non-compliance with a maintenance order, speak to your family law legal expert today and call our offices for an online appointment today.

Maintenance Arrears Enforcement

Are you in arrears with maintenance and fear the legal consequence of this? [caption id="attachment_4488" align="alignleft" width="300"] Call our law offices on: 0211110090
Email: [email protected][/caption] It is time you speak to your family legal expert and have some direction with the way forward. The court take a lot into consideration before passing judgment as to how much maintenance should be paid. Call our law offices on 021 424 3487 and have an online appointment made for you for a professional legal consultation today. Should you be residing out of Cape Town, then feel free to call our national number on 087 701 1124 today. Connect with us!
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