Family Law Services – Cape Town – Provided by an Attorney or Advocate

Family Law: We at Our Lawyer (Pty) Ltd provide a range of family law related legal services and advice to our clients. They range from child maintenance, custody and divorces to registering a family trust and ante-nuptial contract. Feel free to contact us for any our our services.

Divorce Services

We assist with the following divorce services:

Unopposed or uncontested divorces

These divorces apply when a couple approaches us for a friendly and speedy divorce. The advantage is that of time and money saving. We agree on a fee before hand and it take about 4 weeks to finalise.

Contested Divorces

These divorces would apply when both you and your spouse have not come to an agreement regarding the divorce. The dispute could either be that one party wants a divorce, and the other not, or on some other issue. An issue could be one regarding a dispute in relation to who gets Custody over the Children, or how much maintenance should be paid. If the parties cannot resolve the issues, then a Trial should run. This can be very costly and time consuming. Most of the time, after a summons has been issues with reasonable requests therein, the matter can easily be resolved. We would be able to set you up with your legal representatives to try to finalise your divorce as soon as possible, even thought you presume there may be issues on the part of your spouse. Usually, once parties gets around the idea of the divorce, they are quick to become reasonable and finalise matters, to save money and time. Click on the pictures below to set up an appointment with us today. [caption id="attachment_4766" align="alignleft" width="300"]Divorce Services Cape Town - Fast and Easily Advocate Attorney Divorce Services Cape Town – Fast and Easily Advocate Attorney[/caption] [caption id="attachment_4767" align="alignleft" width="300"]Unopposed Divorces - Cape Town - Attorney Advocate Unopposed Divorces – Cape Town – Attorney Advocate[/caption]   [caption id="attachment_4763" align="alignleft" width="300"] Uncontested Divorces Cape Town Cheap and Affordable Advocate Attorney[/caption]                      

Parenting Plans

In the ideal world, parents who have separated, either through a divorce or end of a relationship, would be able to agree on how contact should be exercised regarding their child. However, there are always issues that lingers at the end of a relationship which clauses parents not to want to communicate with each other regarding their children. This is very unfortunate as the person who is prejudiced is the child, and no one else. If parents are having difficulty regarding exercising aspects of their parental responsibilities and rights, they need to enter into a parenting plan. Once the Plan is in place, all they need to do is follow the plan. Click on the pictures below to set up an appointment with us today.   [caption id="attachment_4762" align="alignleft" width="300"]Parenting Plan Cape Town Lawyer Attorney Advocate Parenting Plan Cape Town Lawyer Attorney Advocate[/caption] [caption id="attachment_4760" align="alignleft" width="300"]Johannesburg Child Support Child Maintenance Legal Advice and Services Advocate Attorney Johannesburg Child Support Child Maintenance Legal Advice and Services Advocate Attorney[/caption] [caption id="attachment_4759" align="alignleft" width="300"]Domestic Violence Abuse Attorney Lawyer Advocate Cape Town Domestic Violence Abuse Attorney Lawyer Advocate Cape Town[/caption] [caption id="attachment_4758" align="alignleft" width="300"]Unopposed Divorce Cape Town Attorney Advocate Child Access Custody Maintenance Unopposed Divorce Cape Town Attorney Advocate Child Access Custody Maintenance[/caption] [caption id="attachment_4756" align="alignleft" width="300"]Child Support and Child Maintenance Mother and Fathers Cape Town Attorney Advocate Child Support and Child Maintenance Mother and Fathers Cape Town Attorney Advocate[/caption] [caption id="attachment_4755" align="alignleft" width="300"]Attorney Advocate Child Support Child Maintenance Cape Town Fathers Lawyer Attorney Advocate Child Support Child Maintenance Cape Town Fathers Lawyer[/caption] [caption id="attachment_4754" align="alignleft" width="300"]Advocate Attorney Child Support Child Maintenance Cape Town Advice Advocate Attorney Child Support Child Maintenance Cape Town Advice[/caption] [caption id="attachment_4753" align="alignleft" width="300"]Parental Rights Child Support Maintenance Custody Attorney Advocate Cape Town Parental Rights Child Support Maintenance Custody Attorney Advocate Cape Town[/caption] [caption id="attachment_4752" align="alignleft" width="300"]Children Rights Advocate Attorney Lawyer Child Maintenance Support Legal Children Rights Advocate Attorney Lawyer Child Maintenance Support Legal[/caption]             [caption id="attachment_4750" align="alignleft" width="300"]Family Law Expert Advocate Attorney Cape Town Child Maintenance Medial Extra Mural Family Law Expert Advocate Attorney Cape Town Child Maintenance Medial Extra Mural[/caption] [caption id="attachment_4749" align="alignleft" width="300"]Advocate Attorney Child Maintenance Defaulters Children Cape Town Lawyer Advocate Attorney Child Maintenance Defaulters Children Cape Town Lawyer[/caption] [caption id="attachment_4748" align="alignleft" width="300"]Ante-nuptial Contract Advocate Attorney Cape Town Clothing Child Ante-nuptial Contract Advocate Attorney Cape Town Clothing Child[/caption] https://www.ourlawyer.co.za/advice/ [caption id="attachment_4747" align="alignleft" width="300"]Child Maintenance Cape Town Lawyer Attorney Advocate Legal Support Experts Child Maintenance Cape Town Lawyer Attorney Advocate Legal Support Experts[/caption] [caption id="attachment_4744" align="alignleft" width="300"]Parental Responsibilities and Rights of Parents Child Custody Advocate Lawyer Attorney Parental Responsibilities and Rights of Parents Child Custody Advocate Lawyer Attorney[/caption] [caption id="attachment_4743" align="alignleft" width="300"]Children Rights Advocate Attorney Abuse Cape Town Lawyer Experts Children Rights Advocate Attorney Abuse Cape Town Lawyer Experts[/caption] [caption id="attachment_4742" align="alignleft" width="300"]Father's Rights Child Contact Advocate Cape Town Access Custody Father’s Rights Child Contact Advocate Cape Town Access Custody[/caption] [caption id="attachment_4741" align="alignleft" width="300"]Advocate Attorney Matrimonial Property Regime Change Cape Town South Africa Advocate Attorney Matrimonial Property Regime Change Cape Town South Africa[/caption] [caption id="attachment_4740" align="alignleft" width="300"]Post Nuptial Advocate Attorney Matrimonial Property Regime Change Cape Town South Africa Post Nuptial Advocate Attorney Matrimonial Property Regime Change Cape Town South Africa[/caption] [caption id="attachment_4738" align="alignleft" width="300"]Ante-Nuptial Contact Cape Town South Africa Online Advocate Attorney Ante-Nuptial Contact Cape Town South Africa Online Advocate Attorney[/caption] [caption id="attachment_4737" align="alignleft" width="300"]ANC Ante-Nuptial Contact Cape Town South Africa Online Advocate Attorney ANC Ante-Nuptial Contact Cape Town South Africa Online Advocate Attorney[/caption] [caption id="attachment_4736" align="alignleft" width="300"]Prenup ANC Ante-Nuptial Contact Cape Town South Africa Online Advocate Attorney Prenup ANC Ante-Nuptial Contact Cape Town South Africa Online Advocate Attorney[/caption]

Family Law Services – Cape Town – Provided by an Attorney or Advocate

Family Law: We at Our Lawyer (Pty) Ltd provide a range of family law related legal services and advice to our clients. They range from child maintenance, custody and divorces to registering a family trust and ante-nuptial contract. Feel free to contact us for any our our services.

Divorce Services

We assist with the following divorce services:

Unopposed or uncontested divorces

These divorces apply when a couple approaches us for a friendly and speedy divorce. The advantage is that of time and money saving. We agree on a fee before hand and it take about 4 weeks to finalise.

Contested Divorces

These divorces would apply when both you and your spouse have not come to an agreement regarding the divorce. The dispute could either be that one party wants a divorce, and the other not, or on some other issue. An issue could be one regarding a dispute in relation to who gets Custody over the Children, or how much maintenance should be paid. If the parties cannot resolve the issues, then a Trial should run. This can be very costly and time consuming.

Most of the time, after a summons has been issues with reasonable requests therein, the matter can easily be resolved. We would be able to set you up with your legal representatives to try to finalise your divorce as soon as possible, even thought you presume there may be issues on the part of your spouse. Usually, once parties gets around the idea of the divorce, they are quick to become reasonable and finalise matters, to save money and time. Click on the pictures below to set up an appointment with us today.

Divorce Services Cape Town - Fast and Easily Advocate Attorney
Divorce Services Cape Town – Fast and Easily Advocate Attorney
Unopposed Divorces - Cape Town - Attorney Advocate
Unopposed Divorces – Cape Town – Attorney Advocate

 

Uncontested Divorces Cape Town Cheap and Affordable Advocate Attorney

 

 

 

 

 

 

 

 

 

 

 

Parenting Plans

In the ideal world, parents who have separated, either through a divorce or end of a relationship, would be able to agree on how contact should be exercised regarding their child. However, there are always issues that lingers at the end of a relationship which clauses parents not to want to communicate with each other regarding their children. This is very unfortunate as the person who is prejudiced is the child, and no one else.

If parents are having difficulty regarding exercising aspects of their parental responsibilities and rights, they need to enter into a parenting plan. Once the Plan is in place, all they need to do is follow the plan. Click on the pictures below to set up an appointment with us today.

 

Parenting Plan Cape Town Lawyer Attorney Advocate
Parenting Plan Cape Town Lawyer Attorney Advocate
Johannesburg Child Support Child Maintenance Legal Advice and Services Advocate Attorney
Johannesburg Child Support Child Maintenance Legal Advice and Services Advocate Attorney
Domestic Violence Abuse Attorney Lawyer Advocate Cape Town
Domestic Violence Abuse Attorney Lawyer Advocate Cape Town
Unopposed Divorce Cape Town Attorney Advocate Child Access Custody Maintenance
Unopposed Divorce Cape Town Attorney Advocate Child Access Custody Maintenance
Child Support and Child Maintenance Mother and Fathers Cape Town Attorney Advocate
Child Support and Child Maintenance Mother and Fathers Cape Town Attorney Advocate
Attorney Advocate Child Support Child Maintenance Cape Town Fathers Lawyer
Attorney Advocate Child Support Child Maintenance Cape Town Fathers Lawyer
Advocate Attorney Child Support Child Maintenance Cape Town Advice
Advocate Attorney Child Support Child Maintenance Cape Town Advice
Parental Rights Child Support Maintenance Custody Attorney Advocate Cape Town
Parental Rights Child Support Maintenance Custody Attorney Advocate Cape Town
Children Rights Advocate Attorney Lawyer Child Maintenance Support Legal
Children Rights Advocate Attorney Lawyer Child Maintenance Support Legal

 

 

 

 

 

 

Family Law Expert Advocate Attorney Cape Town Child Maintenance Medial Extra Mural
Family Law Expert Advocate Attorney Cape Town Child Maintenance Medial Extra Mural
Advocate Attorney Child Maintenance Defaulters Children Cape Town Lawyer
Advocate Attorney Child Maintenance Defaulters Children Cape Town Lawyer
Ante-nuptial Contract Advocate Attorney Cape Town Clothing Child
Ante-nuptial Contract Advocate Attorney Cape Town Clothing Child

No Obligation Legal Advice Appointment Form

Child Maintenance Cape Town Lawyer Attorney Advocate Legal Support Experts
Child Maintenance Cape Town Lawyer Attorney Advocate Legal Support Experts
Parental Responsibilities and Rights of Parents Child Custody Advocate Lawyer Attorney
Parental Responsibilities and Rights of Parents Child Custody Advocate Lawyer Attorney
Children Rights Advocate Attorney Abuse Cape Town Lawyer Experts
Children Rights Advocate Attorney Abuse Cape Town Lawyer Experts
Father's Rights Child Contact Advocate Cape Town Access Custody
Father’s Rights Child Contact Advocate Cape Town Access Custody
Advocate Attorney Matrimonial Property Regime Change Cape Town South Africa
Advocate Attorney Matrimonial Property Regime Change Cape Town South Africa
Post Nuptial Advocate Attorney Matrimonial Property Regime Change Cape Town South Africa
Post Nuptial Advocate Attorney Matrimonial Property Regime Change Cape Town South Africa
Ante-Nuptial Contact Cape Town South Africa Online Advocate Attorney
Ante-Nuptial Contact Cape Town South Africa Online Advocate Attorney
ANC Ante-Nuptial Contact Cape Town South Africa Online Advocate Attorney
ANC Ante-Nuptial Contact Cape Town South Africa Online Advocate Attorney
Prenup ANC Ante-Nuptial Contact Cape Town South Africa Online Advocate Attorney
Prenup ANC Ante-Nuptial Contact Cape Town South Africa Online Advocate Attorney

Related Post

[caption id="attachment_10837" align="alignnone" width="654"]Relocation consent Court Order for minor child to Spain - Advocate Muhammad Abduroaf Relocation consent Court Order for minor child to Spain – Advocate Muhammad Abduroaf[/caption]

I want to relocate from South Africa to Spain with my minor child. The other parent does not want my child to relocate to Spain. What can I do?

Spain is a popular destination to emigrate to. People emigrate from South Africa for many reasons. It ranges from better employment opportunities, family relations, or for a better standard of living. Whatever the reason a parent wants to relocate to Spain, if a minor child will be joining that parent and also relocating to Spain, then the parent remaining in South Africa’s consent would usually be required. Let us unpack the legal issues a parent may encounter when wanting to emigrate to Spain. Before we do so, let us list the various cities and towns in Spain to which you may want to relocate: Andalusia, Almería, Almería, Cádiz, Algeciras, Arcos de la Frontera, Cádiz, Chiclana de la Frontera, El Puerto de Santa María, Jerez de la Frontera, La Línea, Puerto Real, San Fernando, Sanlúcar de Barrameda, Córdoba, Bujalance, Cabra, Córdoba, Lucena, Montilla, Peñarroya-Pueblonuevo, Priego de Córdoba, Puente-Genil, Granada, Andújar, Baza, Granada, Guadix, Motril, Huelva, Huelva, Jaén, Jaén, Linares, Martos, Úbeda, Málaga, Antequera, Coín, Málaga, Melilla, Ronda, Sevilla, Alcalá de Guadaira, Carmona, Dos Hermanas, Ecija, Lebrija, Lora del Río, Marchena, Morón de la Frontera, Osuna, Sevilla, Utrera, Aragon, Huesca, Huesca, Jaca, Teruel, Teruel, Zaragoza, Zaragoza, Asturias, Avilés, Cabañaquinta, Cangas de Narcea, Covadonga, Gijón, Luarca, Mieres, Oviedo, Pola de Siero, San Martín del Rey Aurelio, Tineo, Villaviciosa, Balearic Islands, Palma, Maó, Basque Country, Álava, Vitoria-Gasteiz, Guipúzcoa, Donostia–San Sebastián, Eibar, Irun, Vizcaya, Barakaldo, Bilbao, Getxo, Guernica, Portugalete, Santurtzi, Sestao, Canary Islands, Las Palmas, Arucas, Las Palmas, Telde, Santa Cruz de Tenerife, La Orotava, Santa Cruz de Tenerife, Cantabria, Santander, Torrelavega, Castile–La Mancha, Albacete, Albacete, Hellín, Villarrobledo, Ciudad Real, Alcázar de San Juan, Almadén, Ciudad Real, Puertollano, Tomelloso, Valdepeñas, Cuenca, Cuenca, Guadalajara, Guadalajara, Toledo, Talavera de la Reina, Toledo, Castile–León, Ávila, Ávila, Burgos, Burgos, Miranda de Ebro, León, Astorga, León, Ponferrada, Palencia, Palencia, Salamanca, Ciudad Rodrigo, Salamanca, Segovia, San Ildefonso, Segovia, Soria, Soria, Valladolid, Simancas, Valladolid, Zamora, Toro, Zamora, Catalonia, Barcelona, Badalona, Barcelona, Cornellà, Granollers, L’Hospitalet de Llobregat, Manresa, Mataró, Reus, Sabadell, Santa Coloma de Gramenet, Terrassa, Vic, Vilanova i la Geltrú, Girona, Girona, Llívia, Lleida, Lleida, Tarragona, Tarragona, Tortosa, Ceuta (autonomous city), Extremadura, Badajoz, Almendralejo, Badajoz, Don Benito, Mérida, Villanueva de la Serena, Cáceres, Alcántara, Cáceres, Guadalupe, Plasencia, Trujillo, Galicia, A Coruña, A Coruña, Carballo, Ferrol, Ortigueira, Ribeira, Santiago de Compostela, Lugo, Lugo, Mondoñedo, Monforte de Lemos, Vilalba, Ourense, Ourense, Vigo, Vilagarcía de Arousa, Pontevedra, Pontevedra, Madrid, Alcalá de Henares, Aranjuez, El Escorial, Getafe, Madrid, Melilla, Murcia, Caravaca, Cartagena, Cieza, Jumilla, Lorca, Murcia, Yecla, Navarra, Funes, Pamplona, Roncesvalles, La Rioja, Calahorra, Logroño, Valencia, Alicante, Alcoy, Alicante, Elche, Elda, Orihuela, Villena, Castellón, Castellón de la Plana, Villarreal, Valencia, Alzira, Gandía, Requena, Sagunto, Sueca, Torrent, Valencia. (https://www.britannica.com/topic/list-of-cities-and-towns-in-Spain-2041711)  

Why do I require the other parent’s Consent to relocate to Spain?

According to South African law, if you are a co-holder of parental responsibilities and rights over your minor child, you must consent to your child leaving South Africa. In this case, relocating to Spain. Here we refer to section 18 of the Children’s Act 38 of 2005. The entire provision is as follows: 18 Parental responsibilities and rights  (1) A person may have either full or specific parental responsibilities and rights in respect of a child.  (2) The parental responsibilities and rights that a person may have in respect of a child, include the responsibility and the right-  (a) to care for the child;  (b) to maintain contact with the child;  (c) to act as guardian of the child; and  (d) to contribute to the maintenance of the child.  (3) Subject to subsections (4) and (5), a parent or other person who acts as guardian of a child must-  (a) administer and safeguard the child’s property and property interests;  (b) assist or represent the child in administrative, contractual and other legal matters; or  (c) give or refuse any consent required by law in respect of the child, including-  (i) consent to the child’s marriage;  (ii) consent to the child’s adoption;  (iii) consent to the child’s departure or removal from the Republic;  (iv) consent to the child’s application for a passport; and  (v) consent to the alienation or encumbrance of any immovable property of the child.  (4) Whenever more than one person has guardianship of a child, each one of them is competent, subject to subsection (5), any other law or any order of a competent court to the contrary, to exercise independently and without the Consent of the other any right or responsibility arising from such guardianship. (5) Unless a competent court orders otherwise, the Consent of all the persons that have guardianship of a child is necessary in respect of matters set out in subsection (3)(c). Now let us explain what Parental Responsibilities and Rights are.

What are Parental Responsibilities and Rights of a parent in relation to a child?

As can be seen from section 18(2) of the Children’s Act, when we refer to Parental Responsibilities and Rights, we refer to the following: (a) to care for the child;  (b) to maintain contact with the child;  (c) to act as guardian of the child; and  (d) to contribute to the maintenance of the child. Therefore, if a parent has parental responsibilities and rights over a minor child, and accordingly, rights of guardianship, their Consent is required when it comes to issues of guardianship. As seen from section 18(3)(c) of the Children’s Act above, both parents’ Consent is required should a minor child depart from the Republic of South Africa. In this case, to emigrate to Spain. Even if the minor child only wants to go for a short holiday to Spain, both guardians’ Consent would be required.

When would the other parent be seen as a guardian in the case of a relocation matter to Spain?

It must be noted that not all parents are legal guardians over their minor children. We should therefore distinguish between married or divorced parents and parents who were never married. As you would see below, usually married, or divorced parents’ Consent would be required for a minor child to relocate or emigrate to Spain. However, that does not automatically apply to parents who were never married. This could be because the child could have been born from a brief encounter and never met his or her father. It would not make sense that a parent who never met his or her 15-year-old child, should give Consent for relocation to Spain.

Mother’s Consent for relocation of the minor child to Spain

Section 19 of the Children’s Act deals with the Parental responsibilities and rights of mothers. It states the following: 19 Parental responsibilities and rights of mothers  (1) The biological mother of a child, whether married or unmarried, has full parental responsibilities and rights in respect of the child.  (2) If-  (a) the biological mother of a child is an unmarried child who does not have guardianship in respect of the child; and  (b) the biological father of the child does not have guardianship in respect of the child, the guardian of the child’s biological mother is also the guardian of the child.  (3) This section does not apply in respect of a child who is the subject of a surrogacy agreement. As seen from section 19(1) of the Children’s Act, in most cases involving the relocation of a minor child to Spain, the mother’s Consent is required as she has full parental responsibilities and rights over the minor child.

Married father’s Consent for the relocation of the minor child to Spain

Section 20 of the Children’s Act deals with Parental responsibilities and rights of married fathers. It states the following: 20 Parental responsibilities and rights of married fathers The biological father of a child has full parental responsibilities and rights in respect of the child- (a) if he is married to the child’s mother; or (b) if he was married to the child’s mother at (i) the time of the child’s conception; (ii) the time of the child’s birth; or (iii) any time between the child’s conception and birth. As can be seen from sections 20 (a) and (b) of the Children’s Act, if the father and the mother were married, or are married, then his Consent is required for the minor child to relocate to Spain. Of course, an exception to this would be should a court of law order otherwise. This would be the case should the parents be divorced and the divorce court ordered that only the mother may act as guardian. Next, we deal with the issue of an unmarried father’s Consent to relocate a minor child to Spain.

Consent of unmarried fathers for the relocation of their minor children to Spain.

Section 21 of the Children’s Act deals with parental responsibilities and rights of unmarried fathers. The section states the following: 21 Parental responsibilities and rights of unmarried fathers  (1) The biological father of a child who does not have parental responsibilities and rights in respect of the child in terms of section 20, acquires full parental responsibilities and rights in respect of the child-  (a) if at the time of the child’s birth he is living with the mother in a permanent life-partnership; or  (b) if he, regardless of whether he has lived or is living with the mother-  (i) consents to be identified or successfully applies in terms of section 26 to be identified as the child’s father or pays damages in terms of customary law;  (ii) contributes or has attempted in good faith to contribute to the child’s upbringing for a reasonable period; and  (iii) contributes or has attempted in good faith to contribute towards expenses in connection with the maintenance of the child for a reasonable period.  (2) This section does not affect the duty of a father to contribute towards the maintenance of the child.  (3) (a) If there is a dispute between the biological father referred to in subsection (1) and the biological mother of a child with regard to the fulfilment by that father of the conditions set out in subsection (1) (a) or (b), the matter must be referred for mediation to a family advocate, social worker, social service professional or other suitably qualified person.  (b) Any party to the mediation may have the outcome  of the mediation reviewed by a court.  (4) This section applies regardless of whether the child was born before or after the commencement of this Act. As can be seen from the latter sections, a father of a child born out of wedlock does not automatically have parental responsibilities and rights over his minor child. He may however acquire those parental responsibilities and rights over his minor child if he is materially involved in the child’s life. That would be where the father and the mother were in a permanent life partnership when the child was born or he is meaningfully involved in the child’s life, as outlined above. We shall not go into much detail regarding that. However, in most cases, if the father had regular contact with the child and paid child support, he would have acquired parental responsibilities and rights over the minor child.

What do you do if the other parent does not want to consent to the minor child relocating to Spain?

Suppose the other parent also has parental responsibilities and rights over the minor child, and he or she does not want to consent to the relocation of the minor child to Spain, then in such a case, the Court needs to be approached. Here I refer you back to section 18(5) of the Children’s Act referred to above where it states: (5) Unless a competent court orders otherwise, the Consent of all the persons that have guardianship of a child is necessary in respect of matters set out in subsection (3)(c). Therefore, after your Court Application has been launched an both sides have been heard, the Court would make the necessary Order. If you are successful in your application for the relocation of your minor children to Spain, then the Court will make an Order similar to that which is shown below. [caption id="attachment_10836" align="alignnone" width="667"]Relocation consent Court Order for minor child to Spain - Advocate Muhammad Abduroaf Relocation consent Court Order for minor child to Spain – Advocate Muhammad Abduroaf[/caption] [caption id="attachment_10837" align="alignnone" width="667"]Relocation consent Court Order for minor child to Spain - Advocate Muhammad Abduroaf Relocation consent Court Order for minor child to Spain – Advocate Muhammad Abduroaf[/caption]

Relocation with my minor child to United States of America, Las Vegas (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 Las Vegas, 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 Nelspruit or Mahikeng, South Africa, and you want to relocate to Las Vegas, 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 Las Vegas, United States?

The same applies when it comes to your minor child applying for a South African passport to relocate to United States, 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 Las Vegas, United States 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 Las Vegas, United States.

What can I do if the other parent does not want to consent to the minor child’s relocation to Las Vegas, 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 Las Vegas, 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 Las Vegas, 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 Las Vegas, United States of America, 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 Las Vegas, 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 Las Vegas, United States of America – 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 Las Vegas, United States of America, 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 Las Vegas, United States of America

If you require legal assistance or representation with relocating to Las Vegas, 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.

Do you require a video legal advice consultation?

Click here and schedule one today!