Daniella Mair – Psychological Counsellor Professional Summary I am a passionate, positive and driven person. I strive for excellence in everything I do while keeping my own limitations in mind. I am dedicated to being an being an honest, ethical and valuable member of society. I conduct myself from an empathetic internal point of reference and enjoy helping people learn and grow in their own lives. I am a psychological Counsellor who deals with many cases of family trauma and family disjointment and am passionate about helping with the process of repair. I have always been a very maternal person who connects well with children, I am dedicated to being part of decision making that will allow children to have the best possible opportunities, love and care and feel grateful to be able to do so as a divorce mediator. Employment history Psychological Counsellor & Divorce Mediator, Self. Cape Town Mar. 2010 – Present I run a private practice dealing with all areas of psychological well being focusing on child and adolescent development, psychopathology, family therapy and divorce mediation with specific focus on creating parenting plans. My main area of interest is to Counsel individuals, groups, or families to help them understand problems, deal with crisis situations, define goals, and develop realistic action plans. Facilitator, Various. Cape Town Jan. 2004 – Dec. 2012 Facilitator at Herzlia school for various learners with learning difficulties. Provide ongoing support and advance them in their studies, offer motivational and mental health support. HR, Ashdan Electronics. Cape Town Jan. 2005 – Jan. 2008 Implement staffing guidelines, Project managed various products. Research and development. Education FAMAC, Cape Town Course, Divorce Mediation, Oct. 2012 UNISA, Cape Town HONORS, Psychology, Nov. 2010 UNISA, Cape Town Bachelor of Arts, Communications, Nov. 2008

Posted on 11 February 2025 by Telelaw

Daniella Mair – Psychological Counsellor

Professional Summary

I am a passionate, positive and driven person.

I strive for excellence in everything I do while keeping my own limitations in mind.
I am dedicated to being an being an honest, ethical and valuable member of society.
I conduct myself from an empathetic internal point of reference and enjoy helping people learn and grow in their own lives.
I am a psychological Counsellor who deals with many cases of family trauma and family disjointment and am passionate about helping with the process of repair.
I have always been a very maternal person who connects well with children, I am dedicated to being part of decision making that will allow children to have the best possible opportunities, love and care and feel grateful to be able to do so as a divorce mediator.

Employment history

Psychological Counsellor & Divorce Mediator, Self. Cape Town

Mar. 2010 – Present

I run a private practice dealing with all areas of psychological well being focusing on child and adolescent development, psychopathology, family therapy and divorce mediation with specific focus on creating parenting plans. My main area of interest is to Counsel individuals, groups, or families to help them understand problems, deal with crisis situations, define goals, and develop realistic action plans.

Facilitator, Various. Cape Town

Jan. 2004 – Dec. 2012

Facilitator at Herzlia school for various learners with learning difficulties.

Provide ongoing support and advance them in their studies, offer motivational and mental health support.

HR, Ashdan Electronics. Cape Town

Jan. 2005 – Jan. 2008

Implement staffing guidelines, Project managed various products.
Research and development.

Education

FAMAC, Cape Town

Course, Divorce Mediation, Oct. 2012

UNISA, Cape Town

HONORS, Psychology, Nov. 2010

UNISA, Cape Town

Bachelor of Arts, Communications, Nov. 2008

Relocation with my minor child to Taiwan, Taipei (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 Taipei, Taiwan
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 nine or ten) 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 Krugersdorp or Umlazi, South Africa, and you want to relocate to Taipei, Taiwan, 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 Taipei, Taiwan?
The same applies when it comes to your minor child applying for a South African passport to relocate to Taiwan, 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 Taipei, Taiwan 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 Taipei, Taiwan.
What can I do if the other parent does not want to consent to the minor child’s relocation to Taipei, Taiwan?
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 Taipei, Taiwan, 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 Taipei, Taiwan. 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 Taipei, Taiwan, 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 Taipei, Taiwan?
If the other parent does not want to consent to the passport application and/or the relocation of the minor child to Taipei, Taiwan – 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 Taipei, Taiwan, 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 Taipei, Taiwan
If you require legal assistance or representation with relocating to Taipei, Taiwan 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

Passport Application for a minor child: Mother cannot find the father to provide the necessary consent at the Department of Home Affairs. The Application is therefore refused.
Passport Application for a minor child: It is not easy being a single parent, and at the same time, the primary caregiver of the child. This is even so where the other parent pays child support and regularly sees the child. This article deals with the situation where the father of the child is missing. He, therefore, does not pay any child support, nor has a relationship with the child. This causes a problem when it comes to issues of guardianship rights. For example, when the mother wants to enrol the child in a school or provide medical consent. The question would always arise – “where is the father?”, or “did the father give his consent?” When it comes to official matters, for example, the application for a passport, then things become more complicated. This is where the issue of parental consent for the application for a passport is looked at. Now let us first deal with the law.
Parental Responsibilities and Rights of Fathers
In short, if a father was married to the mother, he would automatically have full parental responsibilities and rights to the child born from them. This includes the rights of care, contact and guardianship. If he was not married to the mother of the child, he can acquire parental responsibilities and rights. In short, in order for the unmarried father to acquire parental responsibilities and rights, he has to form part of the child’s life. He may also attempt to do so and the mother hinders it from happening. In the latter situation, he would still acquire parental responsibilities and rights.

The Unmarried Father’s Rights

The unmarried father can acquire parental responsibilities and rights to his child in a number of ways. They include paying child support, visiting the child and so on. Therefore, not all fathers would have parental responsibilities and rights over their children. Some fathers just impregnated the mothers and went missing. Such a father cannot rock up, 12 years later and demand to take the child with him to the movies. I think you understand the point we are trying to make.

What is the legal effect of having parental responsibilities and rights over a child?

Should a father have parental responsibilities and rights over a child – he has certain defined rights. Those rights could either be absolute, or specific. An absolute right would be one of guardianship. An example would be an application for a passport or the removal of a child from the Republic. In the latter cases, the father’s consent is an absolute requirement which can only be taken away by a court of law. Then there are relative parental responsibilities and rights over a child. These rights depend on the circumstances of the case. An example would be that of visitation. A father who has parental responsibilities and rights of contact over a child cannot demand to see the child at any time. He may not even be able to demand to see the child half the time. His contact rights would be limited to what is in the child’s bests interests. And that would change from time to time. For example, should the father live 100km away from his children, contact could be every second weekend. But, should he live down the road, it could be every second day.

The Legal Problem for unmarried parents and their rights

The consent required in relation to the exercise of parental responsibilities and rights over certain children have challenges. How would anyone know whether or not an unmarried father has parental responsibilities and rights? For example, lets say the father was never involved in the child’s life – what proof does she have to show the authorities that the father does not have any parental responsibilities and rights? Would the Department of Home Affairs just accept the allegation made by the mother? I do not think so. And this could cause a problem in two ways. Let’s say the father has parental responsibilities and rights over a child. The mother however now wishes to relocate overseas. She tells the authorities at the Department of Home Affairs that she does not know where the father is, and he was never involved in the child’s life. If the Department of Home Affairs accepts her lie, the mother would be able to leave South Africa with the child, and without the father knowing. Let alone obtain his consent. On the other hand, let’s say that the father was really not involved in the child’s life since birth. He went missing after he found out the mother was pregnant. He never paid for any of the birthing costs, nor any of the child’s expenses since birth. Should the mother approach the Department of Home Affairs, would they allow her to obtain a passport without the father’s consent? We could be wrong, but we doubt they will.

What can a mother do if she does not have the consent from the father

As the law stands and with the current position of the Department of Home Affairs, the following needs to be done if the father refuses to give his consent, or cannot be found.

Application to the High Court

We advise that you consult with a legal advisor to advise you on the merits of your case. If there are merits, an application to the relevant court would be made. The Court would decide on the matter after hearing from both the parents. If it is decided that it would be best for the child to obtain a passport or relocate, the court would grant the appropriate order.

These are the documents that would form part of the Court file:

Notice of Motion

This document outlines the relief you are asking the court for. This would be the case where the details of the father is known. Two of the clauses could be as follows:

The Respondent’s consent is not required for the departure of the minor child, Little One, with identity number 0813040502086 (hereafter referred to as “the minor child”), from the Republic of South Africa, and to relocate to France, as provided for in section 18(5) of the Children’s Act 38 of 2005;
The Respondent’s consent is not required for the return of the minor child to the Republic of South Africa for visits;

Founding Affidavit

In this document, you outline the facts of the matter. You would deal with why you want consent.

Opposing Affidavit

If the father opposes the Application, he would file this affidavit. In this document he would outline reasons why the court should not give consent.

Replying Affidavit

You would then get an opportunity to reply to the father’s allegations made.

Advice to parents who wants to relocate or temporary leave South Africa with the minor child

If you need to relocate, with a child, and the other parent refuses to give consent, speak to a legal advisor, or to us. They would advise you on your case, and if need be, assist or direct you to the proper people for an Application to court for an order that the requirement of consent is dispensed with. Should you be successful in such an application, the Order would be shown to the Department of Home Affairs when applying for a passport and when leaving the Country. The Officials would comply with the Order. The Order of Court can also be shown to the officials overseas should they want to know where the consent of the father is. [caption id="attachment_7081" align="alignleft" width="217"] Advocate Cape Town Lawyer Attorney Legal High Court

Advocate Muhammad Abduroaf[/caption] In the same manner, should you want to leave South Africa to go overseas on holiday with the minor, approach us for advice should the other parent refuse to give consent. Your visit overseas could be to visit a family member, or just for a break. There should be no reason why you cannot take the minor child with you on holiday. [caption id="attachment_6387" align="alignleft" width="300"]

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This and other articles and posts found on this website are written by Adv. Muhammad Abduroaf to assist people with various family law related issues they may have. 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. For business servics, visit Business SA.

Posted on 11 February 2025 by Telelaw

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