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Relocation with my minor child to the United States of America, Los Angeles (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 Los Angeles, United States of America

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 Bellville or Pietermaritzburg, South Africa, and you want to relocate to Los Angeles, United States, 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 Los Angeles, United States?

The same applies when it comes to your minor child applying for a South African passport to relocate to United States of America, 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 Los Angeles, United States of America 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 Los Angeles, United States of America.

What can I do if the other parent does not want to consent to the minor child’s relocation to Los Angeles, United States of America?

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 Los Angeles, United States, 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 Los Angeles, United States. 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 Los Angeles, United States, 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 Los Angeles, United States of America?

If the other parent does not want to consent to the passport application and/or the relocation of the minor child to Los Angeles, United States – 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 Los Angeles, United States, 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 Los Angeles, United States of America

If you require legal assistance or representation with relocating to Los Angeles, United States 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

What are the general legal problems people seek legal assistance for in South Africa? Please provide explanations – Advocate Abduroaf

  1. Divorce and Family Law:

    • Explanation: Family law matters, including divorce, child custody, spousal support, and domestic violence cases, are frequently searched for legal services in South Africa. People often seek assistance in navigating the legal processes involved in family-related matters.

  2. Labour Law:

    • Explanation: Labour law in South Africa addresses issues related to the employer-employee relationship. Common concerns include unfair dismissals, workplace discrimination, collective labour disputes, and compliance with employment regulations.

  3. Property and Real Estate Law:

    • Explanation: Given the significance of property transactions, individuals often seek legal guidance in matters related to buying, selling, or leasing property. This includes addressing issues like property transfers, title deeds, and land disputes.

  4. Criminal Defence:

    • Explanation: Criminal defence services are in demand for individuals facing criminal charges. Attorneys and Advocates help clients navigate the criminal justice system, provide legal representation in court, and strive to protect their rights.

  5. Wills and Estate Planning:

    • Explanation: Estate planning services, including the creation of wills and trusts, are sought after by individuals looking to secure the orderly distribution of their assets after death. This involves planning for the management and inheritance of estates.

  6. Personal Injury Law:

    • Explanation: Legal assistance in personal injury cases, such as motor vehicle accidents, medical malpractice, and workplace injuries, is commonly sought to pursue compensation for damages resulting from negligence.

  7. Commercial and Business Law:

    • Explanation: Businesses seek legal services for various matters, including contract drafting and disputes, business formation, compliance with commercial laws, and resolution of business-related legal issues.

  8. Debt Collection and Bankruptcy:

    • Explanation: In cases of debt collection or financial distress, individuals and businesses may seek legal help in debt recovery or navigating the bankruptcy process to address financial challenges.

Posted on by Telelaw