Free Legal Advice on Family Law and Related Topics in South Africa

Advocate Cape Town Lawyer Attorney Legal High Court

Our location

Legal services can be very expensive. However, if you know how to move around the web, you can easily find free resources. If you are in search of family law related legal services and advice, you are at the right place. We are a legal consultancy based in the Western Cape. Our services comprise of various family law and other legal fields. Should you require any family law legal advice or services, click on the various links on this website.

Our Family Law Clients

We firmly believe in family relations and the need to protect and enforce it when necessary. Therefore, proper workable legal advice must always be provided. This we strive to ensure. Although we are based in Cape Town, we offer legal advice and legal services to clients throughout South Africa. This we do as we believe in providing high-quality legal services to everyone who requires it.

 

Free Family Law Resources

If you require any of the following free resources, feel free to order them.
  1. A Free Basic Will Tool Kit
  2. Free Shariah Will Template
  3. A Free Divorce Starter Tool Kit
  4. Free Child Maintenance Calculator
  5. A Free DIY Urgent Child Contact Toolkit
  6. Urgent Holiday Contact Toolkit

If you are in search of family law articles, view some of them below.

 Child Maintenance

  1. How to Apply for Child Maintenance at Court – Step by Step Guide and Advice
  2. Child Maintenance Question. How much should I pay or contribute as a parent?
  3. Child Support or maintenance claims. Does an unemployed father pay?
  4. Non-compliance with Maintenance Orders — Civil and Criminal Remedies
  5. Tricks and tips on how to win your child maintenance case

Child Custody

  1. The Law Regarding Children – The Children’s Act 38 of 2005
  2. How do I get full custody over my child?
  3. Parental Child Abuse in Custody Cases
  4. Relocate with a minor child. Parent Refusing Consent for a Passport
  5. Father being refused contact to his child! What are his rights as a Father?
  6. Father’s Parental Responsibilities and Rights to his Child
  7. Urgent Access to your Children without a Lawyer
  8. Parenting Plans and the Law
  9. What happens in a custody dispute where one parent is mentally ill?
  10. How to win your child custody and access court case – Tips and Tricks

Divorce & Property

  1. How to Change your Matrimonial Property Regime
  2. Do your own Unopposed Divorce. No lawyers needed and it’s Free.
  3. Parental Rights of Divorced Muslim parents after a Talaq or Faskh
  4. Free Online Divorce Assistance Form – DIY Cape Town South Africa comprising of:

Domestic Violence

  1. I’m in a physically and emotionally abusive relationship. Help from Abuse.
  2. How to make a Domestic Violence Application

Frequently asked questions

Have a family Law appointment with us

We have an online appointments system which enables you to save valuable time and cut straight to the chase. There is, therefore, no need for you to visit our offices (unless it is best for you to do so, or is your most preferred option). You may set up telephonic or video consultations should you wish to do so. You can, therefore, stay in the office or on the couch in the comfort of your own home when dealing with us. We are therefore physical, online, set-up and ready to meet with you. Make your appointment online for a consultation today.

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. Should you require any other legal services and advice, not related to family law, visit Private Legal.
Or click here for the details of Cape Town Advocate, Muhammad Abduroaf or this advocate link to learn more. Visit our child custody and maintenance site for additional information. advice-child-maintenance-child-custody-divorce
Posted on by Telelaw

Free Legal Advice on Family Law and Related Topics in South Africa

Advocate Cape Town Lawyer Attorney Legal High Court

Our location

Legal services can be very expensive. However, if you know how to move around the web, you can easily find free resources. If you are in search of family law related legal services and advice, you are at the right place.

We are a legal consultancy based in the Western Cape. Our services comprise of various family law and other legal fields. Should you require any family law legal advice or services, click on the various links on this website.

Our Family Law Clients

We firmly believe in family relations and the need to protect and enforce it when necessary. Therefore, proper workable legal advice must always be provided. This we strive to ensure. Although we are based in Cape Town, we offer legal advice and legal services to clients throughout South Africa. This we do as we believe in providing high-quality legal services to everyone who requires it.

 

Free Family Law Resources

If you require any of the following free resources, feel free to order them.

  1. A Free Basic Will Tool Kit
  2. Free Shariah Will Template
  3. A Free Divorce Starter Tool Kit
  4. Free Child Maintenance Calculator
  5. A Free DIY Urgent Child Contact Toolkit
  6. Urgent Holiday Contact Toolkit

If you are in search of family law articles, view some of them below.

 Child Maintenance

  1. How to Apply for Child Maintenance at Court – Step by Step Guide and Advice
  2. Child Maintenance Question. How much should I pay or contribute as a parent?
  3. Child Support or maintenance claims. Does an unemployed father pay?
  4. Non-compliance with Maintenance Orders — Civil and Criminal Remedies
  5. Tricks and tips on how to win your child maintenance case

Child Custody

  1. The Law Regarding Children – The Children’s Act 38 of 2005
  2. How do I get full custody over my child?
  3. Parental Child Abuse in Custody Cases
  4. Relocate with a minor child. Parent Refusing Consent for a Passport
  5. Father being refused contact to his child! What are his rights as a Father?
  6. Father’s Parental Responsibilities and Rights to his Child
  7. Urgent Access to your Children without a Lawyer
  8. Parenting Plans and the Law
  9. What happens in a custody dispute where one parent is mentally ill?
  10. How to win your child custody and access court case – Tips and Tricks

Divorce & Property

  1. How to Change your Matrimonial Property Regime
  2. Do your own Unopposed Divorce. No lawyers needed and it’s Free.
  3. Parental Rights of Divorced Muslim parents after a Talaq or Faskh
  4. Free Online Divorce Assistance Form – DIY Cape Town South Africa comprising of:

Domestic Violence

  1. I’m in a physically and emotionally abusive relationship. Help from Abuse.
  2. How to make a Domestic Violence Application

Frequently asked questions

Have a family Law appointment with us

We have an online appointments system which enables you to save valuable time and cut straight to the chase. There is, therefore, no need for you to visit our offices (unless it is best for you to do so, or is your most preferred option).
You may set up telephonic or video consultations should you wish to do so. You can, therefore, stay in the office or on the couch in the comfort of your own home when dealing with us. We are therefore physical, online, set-up and ready to meet with you. Make your appointment online for a consultation today.

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. Should you require any other legal services and advice, not related to family law, visit Private Legal.

Or click here for the details of Cape Town Advocate, Muhammad Abduroaf or this advocate link to learn more.

Visit our child custody and maintenance site for additional information.

advice-child-maintenance-child-custody-divorce

Related Post

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

Japan 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 Japan, if a minor child will be joining that parent and also relocating to Japan, 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 Japan. Before we do so, let us list the various cities and towns in Japan to which you may want to relocate: Aichi, Anjō, Atsuta, Gamagōri, Handa, Hekinan, Ichinomiya, Inazawa, Kariya, Kasugai, Komaki, Kōnan, Nagoya, Nishio, Okazaki, Seto, Tokoname, Toyohashi, Toyokawa, Toyota, Akita, Noshiro, Ōdate, Aomori, Aomori, Hachinohe, Hirosaki, Chiba, Chiba, Chōshi, Funabashi, Ichihara, Ichikawa, Kashiwa, Kisarazu, Matsudo, Narashino, Narita, Noda, Sawara, Urayasu, Ehime, Imabari, Matsuyama, Niihama, Saijō, Uwajima, Yawatahama, Fukui, Sabae, Takefu, Tsuruga, Fukuoka, Iizuka, Kitakyūshū, Kurume, Nōgata, Ōkawa, Ōmuta, Tagawa, Fukushima, Aizu-wakamatsu, Iwaki, Kōriyama, Gifu, Gifu, Kakamigahara, Ōgaki, Tajimi, Takayama, Toki, Gumma, Isesaki, Kiryū, Maebashi, Ōta, Takasaki, Tatebayashi, Tomioka, Hiroshima, Fukuyama, Hiroshima, Innoshima, Kure, Mihara, Onomichi, Hokkaido, Asahikawa, Bibai, Chitose, Ebetsu, Hakodate, Iwamizawa, Kitami, Kushiro, Muroran, Nemuro, Noboribetsu, Obihiro, Otaru, Rumoi, Sapporo, Tomakomai, Wakkanai, Yūbari, Hyōgo, Akashi, Akō, Amagasaki, Ashiya, Himeji, Itami, Kakogawa, Kawanishi, Kōbe, Miki, Nishinomiya, Takarazuka, Takasago, Ibaraki, Hitachi, Hitachinaka, Kitaibaraki, Koga, Mito, Shimodate, Tsuchiura, Tsukuba Science City, Ishikawa, Kaga, Kanazawa, Komatsu, Nanao, Iwate, Kamaishi, Miyako, Mizusawa, Morioka, Kagawa, Marugame, Sakaide, Takamatsu, Kagoshima, Kanoya, Sendai, Kanagawa, Atsugi, Chigasaki, Fujisawa, Hadano, Hakone, Hiratsuka, Kamakura, Kawasaki, Miura, Odawara, Sagamihara, Yamato, Yokohama, Yokosuka, Kōchi, Kumamoto, Arao, Kumamoto, Minamata, Yatsushiro, Kyōto, Kyōto, Maizuru, Uji, Mie, Ise, Kuwana, Matsuzaka, Suzuka, Tsu, Ueno, Yokkaichi, Miyagi, Ishinomaki, Kesennuma, Sendai, Shiogama, Miyazaki, Miyakonojō, Miyazaki, Nichinan, Nobeoka, Nagano, Matsumoto, Nagano, Okaya, Suwa, Ueda, Nagasaki, Hirado, Isahaya, Nagasaki, Ōmura, Sasebo, Shimabara, Nara, Kashihara, Nara, Tenri, Yamato-Kōriyama, Niigata, Jōetsu, Kashiwazaki, Nagaoka, Niigata, Niitsu, Sanjō, Ōita, Beppu, Hita, Nakatsu, Ōita, Saiki, Usa, Usuki, Okayama, Kasaoka, Kurashiki, Okayama, Tamano, Tsuyama, Okinawa, Naha, Okinawa, Ōsaka, Daitō, Higashiōsaka, Hirakata, Ikeda, Izumiōtsu, Izumisano, Kadoma, Kishiwada, Matsubara, Moriguchi, Neyagawa, Ōsaka, Sakai, Suita, Takatsuki, Toyonaka, Yao, Saga, Imari, Karatsu, Saga, Tosu, Saitama, Ageo, Asaka, Chichibu, Fukaya, Gyōda, Iruma, Kawagoe, Kawaguchi, Koshigaya, Kumagaya, Saitama, Sōka, Toda, Warabi, Shiga, Hikone, Ōtsu, Shigaraki, Shimane, Izumo, Masuda, Matsue, Shizuoka, Atami, Fuji, Fujieda, Fujinomiya, Gotemba, Hamakita, Hamamatsu, Itō, Mishima, Numazu, Shimada, Shimizu, Shizuoka, Yaizu, Tochigi, Ashikaga, Kanuma, Nikkō, Oyama, Sano, Utsunomiya, Tokushima, Anan, Komatsushima, Naruto, Tokushima, Tokyo, Chōfu, Fuchū, Ginza, Hachiōji, Higashimurayama, Hino, Kodaira, Koganei, Kokubunji, Machida, Mitaka, Musashino, Ōme, Tachikawa, Tokyo, Tottori, Kurayoshi, Yonago, Toyama, Takaoka, Wakayama, Kainan, Nachi-katsuura, Sakata, Tsuruoka, Wakayama, Yamagata, Yonezawa, Yamagata, Yamaguchi, Hagi, Hōfu, Iwakuni, Kudamatsu, Shimonoseki, Tokuyama, Ube, Yamanashi, Kōfu. (https://www.britannica.com/topic/list-of-cities-and-towns-in-Japan-2039519)  

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

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 Japan. 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 Japan. Even if the minor child only wants to go for a short holiday to Japan, both guardians’ Consent would be required.

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

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 Japan. 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 Japan.

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

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 Japan, 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 Japan

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 Japan. 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 Japan.

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

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 Japan?

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 Japan, 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 Japan, then the Court will make an Order similar to that which is shown below. [caption id="attachment_10829" align="alignnone" width="662"]Relocation consent Court Order for minor child to Japan - Advocate Muhammad Abduroaf Relocation consent Court Order for minor child to Japan – Advocate Muhammad Abduroaf[/caption]  

Posted on by Telelaw

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