How do I find the best Advocate for legal matter Magistrates Court in South Africa?

I require a law firm to assist me in my legal matter in the Magistrate’s Court.

What are your contact details?

If you require an Advocate Law Firm to assist you in your legal matter, feel free to contact us using the following details:

The services you may instruct the firm of Advocate Muhammad Abduroaf to represent you in are as follows:

High Court matters

  • Civil claim surrounding money;
  • Interdicts;
  • Divorces (Opposed and unopposed);
  • Child Custody and guardianship disputes;
  • Relocation of minor children;
  • Various criminal matters;
  • Minor children surname changes;
  • Appeals and Reviews; and
  • Other matters.

Magistrates Court matters

  • Civil claim surrounding money;
  • Various criminal matters;
  • Interdicts;
  • Maintenance Court matters;
  • Divorces Court matters (Opposed and unopposed)’
  • Children’s Court matter; and
  • Other matters.

Constitutional Court

  • Appeals

Supreme Court of Appeal

  • Appeals and Reviews

We service clients throughout South Africa. These include:

Cape Town

Rustenburg

Kimberley

East London

Nelspruit

Polokwane

Pietermaritzburg

Bloemfontein

Port Elizabeth

Pretoria

Durban

Johannesburg

Related Post

When getting divorced, always consider: Child Maintenance, Child Custody, Parenting Plans, Assets and your Legal Options

1. Divorce – your legal options

Our law offices have a number of legal options that can be well explained for you by the
legal expert. Divorce can be a costly affair, leaving a burning hole in your pocket. However, with the right legal expert on board, this needn’t be the case. The creators of this website had made free, expert legal advice easily accessible for your convenience. For more on your legal options and ideas for your divorce, see the following links:
  1. How to Change your Matrimonial Property Regime
  2. Do your own Unopposed Divorce. No lawyers needed and its 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:
  1. Divorce guide
The free divorce starter toolkit provides you with the necessary tools to attend to the unopposed divorce on your own. The tools include a template Summons, Particulars of Claim and a Notice of Set-Down. Should you wish to have a one on one legal consultation with legal expert himself, then do feel free to call our law offices on 021 424 3486 for an online appointment today. Are you unable to take off from work to personally come and see us? No problem. We cater for telephonic consultations as well, whereby you could consult with us in the comfort of your own home. This applies to those residing out of the Western Cape as well. For some free helpful, online divorce tools, visit our Free DIY Online Tools to get Divorced. Call our law offices on 021 424 3486 for an online appointment today.  

2. Assets and Divorce

We often find that two people who wish to get divorce sometimes fail to understand how their assets are divided in a divorce. At this point, the most important part is ensuring that you get what you deserve in your divorce. This phenomenon can be stressful on the partner who is the bigger income earner – or particularly the partner that owns shares and property. Most of the time, he/she wants to know if their spous can claim accrual in the event of a divorce. Our legal expert therefore urges you to have an Anti – Nuptial Contract (ANC) in place which can protect your assets in the case of a divorce.

3. Having a parenting plan in place

A parenting plan is an agreement between the two parents in which both parents found a common ground with regards to visitation rights with their children. The agreement should however, reflect the child’s best interest. As for drafting your parenting plan, we able to tailor your parenting plan according to the unique circumstances in a manner that will benefit both. The aim when drafting a parenting plan is to ensure that the children gets maximum benefit from both parents so that they don’t feel lost in the process of a divorce. Lets face it, divorce is as hard as it is and even more so, when children are involved. The last thing you’d want is have them suffering in the process. For more on child custody, divorce, child maintenance and professional legal drafting, call our law offices on 021 424 3487 for an online appointment today. Do feel free to visit our Parenting Plans Questions and Answers page for your convenience. Call our law offices on 021 424 3486 for an online appointment today. Get connected with us!

4. Child Maintenance

A divorce is always tough. However, a divorce involving children becomes even tougher due to the myriad of factors involved which opens a whole new can of worms for other legal issues. Child Maintenance and Child Custody can complicate and drag the whole process, unfortunately. Do not despair. In the How to Apply for Child Maintenance at Court – Step by Step Guide and Advice, our legal expert explains this process in an accurate, detailed manner:

How to Apply for Child Maintenance at Court – Step by Step Guide and Advice

Step 1 … Get hold of all your proof of income. E.g. pay slips. If you are not working for an employer, you should get hold of proof that you earn a certain amount of money per month. If you are unemployed, that is in order. Get together a list of all monthly expenses incurred for yourself and your children. This would include rent, groceries, clothes, entertainment etc. This information is required when filling in the maintenance application form that is dealt with in Step 2 below. Find out all the details of the person from whom you are requesting maintenance from, e.g. his/her home and work address and identity number. Step 2 … Go to the Maintenance Court closes to your area and obtain an “Application for Maintenance Order Form” also referred to as “Form A”. Use the information you have gathered in Step 1 and fill in the form. The form is in the form of an affidavit and you therefore have to swear to the correctness of the information under oath and sign. Therefore, do not hide any information for the Court. Caution: If your information is not 100 % correct, you may be cross-examined on such correctness in Court and if it is found that you were not totally honest, this would not be in your favour. If you require any assistance in filling in the form, the maintenance officers would be happy to assist you. Once you have filled in the Application for Maintenance Order Form, return it to the maintenance officer who will process it for you. If the maintenance officer can provide you with a reference/case number there and then, request it. The Maintenance Court will send you and the person you are claiming maintenance from a letter or subpoena to appear at the Maintenance Court for an inquiry with the maintenance officer. Diarise the date immediately and make arrangements with your work and a babysitter as soon as possible. If you miss the date, it can take months to get another. Step 3… From the time you left the office of the maintenance officer and even from the time you decided to claim maintenance, keep all receipts you received for any items bought for you and your child. Therefore, if you buy nappies for your child or even a toy, keep that receipt as if it is gold. This is due to you having to prove to the court that you really do spend money on the child and you have the receipts to prove it. You will soon hear from the Maintenance Court where they will be giving you a date to appear back at the Maintenance Court for an inquiry. They would either inform you by post or by a subpoena. On that date both you and the person from whom maintenance is claimed would have to appear. If you are planning on making use of a legal representative, inform him/her early about the date so that he/she can be available to assist you at Court. In the notice to appear for the maintenance enquiry it is requested that you bring proof of all expenses and income for you and your child. This is why it is so very important for you to keep all proof of expenditure in a safe place. Hint: If you can afford to, bring original proof of expenditure and income and a photocopy thereof. The original you would then be able to take back home and bring it back when requested and the copy will stay in the Court file. Step 4 … This step deals with the maintenance enquiry where you and the person from whom you are claiming maintenance from will appear before a maintenance officer. The maintenance officer will speak to each of the parties and look at the documents provided. Each party will get a chance to explain why he/she requires maintenance and also why he/she can’t afford the maintenance requested. The maintenance officer will as far as possible try to resolve the matter there and then without it having to go to court. If the parties can agree to an amount, this amount can be made an order of court. If however an agreement cannot be reached at this stage, the matter, depending on the Court will either be referred to a prosecutor or for trial. Remember, if you are a father or a person currently paying maintenance / child support, a reduction is possible. The same goes for an application for an increase in maintenance / child support Download the Free Child Maintenance Calculator and start the process regarding child Maintenance today. You would be guided on the law and how much maintenance may be claimed. For more free expert, legal advice on Child Maintenance, click on the following links below:
  1. How to Apply for Child Maintenance at Court – Step by Step Guide and Advice
  1. Child Maintenance Question. How much should I pay or contribute as a parent?
  2. Child Support or maintenance claims. Does an unemployed father pay?
  3. Non-compliance with Maintenance Orders — Civil and Criminal Remedies
  4. Tricks and tips on how to win your child maintenance case
Do you wish to consult with us telephonically or face to face? Feel free to make an online appointment via our website, or call our law offices on 021 424 3487 for an online appointment today.

5. Child Custody

We have fathers coming to visit our law offices on a regular basis – asking us: What do we do from here? How do I obtain visitation rights? Am I entitled to child custody? These are the common concerns our single fathers face and therefore, we have put together well thought out, free expert advice articles that can help you put things into perspective. Simply click on the links below: For a one on one professional legal consultation with the family legal expert, call our law offices for an online legal appointment today! For additional expert, legal advice information that can be helpful with your divorce, click on the following links below:
  1. How to Change your Matrimonial Property Regime
  2. Do your own Unopposed Divorce. No lawyers needed and its 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:
  5. Divorce guide
  For a one on one professional legal consultation with the family legal expert, call our law offices for an online legal appointment today!  

[caption id="attachment_10841" align="alignnone" width="687"]Relocation consent Court Order for minor child to the United Kingdom - UK - Advocate Muhammad Abduroaf Relocation consent Court Order for minor child to the United Kingdom – UK – Advocate Muhammad Abduroaf[/caption]

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

The United Kingdom 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 the United Kingdom, if a minor child will be joining that parent and also relocating to the United Kingdom, 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 the United Kingdom. Before we do so, let us list the various cities and towns in the United Kingdom to which you may want to relocate: England, Bath and North East Somerset (unitary authority), Bedford (unitary authority), Bedford (city), Blackburn with Darwen (unitary authority), Blackpool (town and unitary authority), Bournemouth (town and unitary authority), Bracknell Forest (unitary authority), Sandhurst (town), Brighton and Hove (unitary authority), Brighton (town and urban area), Hove (town and urban area), Bristol (city and unitary authority), Buckinghamshire (county), Aylesbury Vale (district), Aylesbury (town), Chiltern (district), Amersham (town), Chalfont St. Giles (town), South Bucks (district), Beaconsfield (town), Stoke Poges (town), Wycombe (district), High Wycombe (town and urban area), Marlow (town), Cambridgeshire (county), East Cambridgeshire (district), Ely (town), Fenland (district), Wisbech (town), Huntingdonshire (district), Huntingdon (town), Ramsey (town), St. Ives (town), South Cambridgeshire (district), Cambridge (city and district), Central Bedfordshire (unitary authority), Ampthill (town), Dunstable (town), Cheshire East (unitary authority), Congleton (town), Crewe (town), Knutsford (town), Macclesfield (town), Nantwich (town), Cheshire West and Chester (unitary authority), Chester (urban area), Northwich (town), Cornwall (unitary authority), Bodmin (town), Falmouth (town), Fowey (town), Helston (town), Launceston (town), Looe (town), Lostwithiel (town), Newquay (town), Penryn (town), Penzance (town), St. Austell (town), Saltash (town), Tintagel (village), Truro (city), Cumbria (county), Allerdale (district), Cockermouth (town), Keswick (town), Workington (town), Barrow-in-Furness (town and district), Carlisle (urban area, city and district), Copeland (district), Whitehaven (town), Eden (district), Penrith (town), South Lakeland (district), Grasmere (village), Kendal (town), Darlington (town and unitary authority), Derby (city and unitary authority), Derbyshire (county), Amber Valley (district), Belper (town), Bolsover (town and district), Chesterfield (town and district), Derbyshire Dales (district), Ashbourne (town), Matlock (town), Erewash (district), High Peak (district), Buxton, North East Derbyshire (district), South Derbyshire (district), Repton (village), Devon (county), East Devon (district), Axminster (town), Exmouth (town), Sidmouth (town), Exeter (city and district), Mid Devon (district), Crediton (town), North Devon (district), Barnstaple (town), Lynton and Lynmouth (town), South Hams (district), Dartmouth (town), Totnes (town), Teignbridge (district), Ashburton (town), Dawlish (town), Newton Abbot (town), Teignmouth (town), Torridge (district), Bideford (town), West Devon (district), Okehampton (town), Dorset (county), Christchurch (town and district), East Dorset (district), Wimborne Minster (town), North Dorset (district), Purbeck (district), Corfe Castle (village), West Dorset (district), Dorchester (town), Lyme Regis (town), Weymouth and Portland (district), Durham (unitary authority), Barnard Castle (town), Chester-le-Street (town), Durham (urban area), East Riding of Yorkshire (unitary authority), Beverley (town), Goole (town), East Sussex (county), Eastbourne (district), Hastings (district), Lewes (district), Lewes (town), Newhaven (town), Rother (district), Battle (town), Bexhill (town), Rye (town), Winchelsea (village), Wealden (district), Crowborough (town), Herstmonceux (village), Pevensey (village), Essex (county), Basildon (district), Braintree (town and district), Brentwood (town and district), Castle Point (district), Chelmsford (town and district), Colchester (town and district), Epping Forest (district), Chigwell (town), Harlow (town and district), Maldon (town and district), Burnham-on-Crouch (town), Rochford (district), Tendring (district), Harwich (town), Uttlesford (district), Saffron Walden (town), Gloucestershire (county), Cheltenham (town and district), Cotswold (district), Cirencester (town), Forest of Dean (district), Gloucester (city and district), Stroud (town and district), Tewkesbury (district), Tewkesbury (town), Winchcombe (village), Greater London (metropolitan county; See also London), Inner London, Camden (borough), Bloomsbury (neighbourhood), City of London (borough), Smithfield (area), City of Westminster (borough), Charing Cross (locality), St. Marylebone (neighbourhood), Soho (neighbourhood), Hackney (borough), Hammersmith and Fulham (borough), Haringey (borough), Islington (borough), Clerkenwell (neighbourhood), Kensington and Chelsea (borough), Lambeth (borough), Vauxhall (neighbourhood), Lewisham (borough), Newham (borough), Southwark (borough), Dulwich (neighbourhood), Tower Hamlets (borough), Limehouse (neighbourhood), Wandsworth (borough), Battersea (neighbourhood), Outer London, Barking and Dagenham (borough), Barnet (borough), Bexley (borough), Brent (borough), Bromley (borough), Croydon (borough), Ealing (borough), Enfield (borough), Greenwich (borough), Woolwich (town), Harrow (borough), Havering (borough), Hillingdon (borough), Hounslow (borough), Kingston upon Thames (borough), Merton (borough), Wimbledon (neighbourhood), Redbridge (borough), Richmond upon Thames (borough), Teddington (neighbourhood), Sutton (borough), Waltham Forest (borough), Greater Manchester (metropolitan county), Bolton (town and metropolitan borough), Bury (town and metropolitan borough), Manchester (city and metropolitan borough), Oldham (urban area and metropolitan borough), Rochdale (town and metropolitan borough), Salford (city and metropolitan borough), Stockport (urban area and metropolitan borough), Tameside (metropolitan borough), Trafford (metropolitan borough), Wigan (town and metropolitan borough), Atherton (town and urban area), Halton (unitary authority), Runcorn (town), Widnes (town), Hampshire (county), Basingstoke and Deane (district), Silchester (village), East Hampshire (district), Alton (town), Eastleigh (town and district), Fareham (town and district), Gosport (town and district), Hart (district), Havant (town and district), New Forest (district), Rushmoor (district), Test Valley (district), Andover (town), Romsey (town), Winchester (town and district), Hartlepool (town and unitary authority), Herefordshire (unitary authority), Hereford (city), Leominster (town), Ross-on-Wye (town), Hertfordshire (county), Broxbourne (district), Dacorum (district), Berkhamsted (town), Hemel Hempstead (town and urban area), East Hertfordshire (district), Bishop’s Stortford (town), Hertford (town), Ware (town), Hertsmere (district), North Hertfordshire (district), Letchworth (town), St. Albans (town and district), Stevenage (town and district), Three Rivers (district), Watford (town and district), Welwyn Hatfield (district), Hatfield (town), Welwyn Garden City (town and urban area), Isle of Wight (unitary authority), Carisbrooke (village), Cowes (town), Freshwater (town), Newport (town), Ryde (town), Ventnor (town), Isles of Scilly (independent administrative unit), Hugh Town (village), Kent (county), Ashford (town and district), Canterbury (town and district), Herne Bay (town), Whitstable (town), Dartford (town and district), Dover (district), Deal (town), Dover (town), Sandwich (town), Gravesham (district), Gravesend (town), Maidstone (town and district), Sevenoaks (district), Edenbridge (town), Shepway (district), Folkestone (town), Hythe (town), Lydd (town), New Romney (town), Swale (district), Faversham (town), Thanet (district), Broadstairs and St. Peter’s (town), Margate (town), Ramsgate (town), Tonbridge and Malling (district), Tunbridge Wells (town and district), Royal Tunbridge Wells (town), Kingston upon Hull (city and unitary authority), Lancashire (county), Burnley (town and district), Chorley (town and district), Fylde (district), Hyndburn (district), Lancaster (urban area and district), Pendle (district), Preston (city and district), Walton-le-Dale (neighbourhood), Ribble Valley (district), Rossendale (district), South Ribble (district), West Lancashire (district), Skelmersdale (town), Wyre (district), Leicester (city and unitary authority), Leicestershire (county), Blaby (district), Charnwood (district), Loughborough (town), Harborough (district), Market Harborough (town), Hinckley and Bosworth (district), Melton (district), North West Leicestershire (district), Oadby and Wigston (district), Lincolnshire (county), Boston (town and district), East Lindsey (district), Lincoln (district), North Kesteven (district), South Kesteven (district), Grantham (town), Stamford (town), South Holland (district), Crowland (village), West Lindsey (district), Gainsborough (town), Luton (town and unitary authority), Medway (unitary authority), Chatham (town), Gillingham (town), Rochester (town), Merseyside (metropolitan county), Knowsley (metropolitan borough), Huyton (former town), Liverpool (city and metropolitan borough), St. Helens (urban area and metropolitan borough), Sefton (metropolitan borough), Southport (town), Wirral (metropolitan borough), Birkenhead (town and urban area), Middlesbrough (town and unitary authority), Milton Keynes (town and unitary authority), Norfolk (county), Breckland (district), East Dereham (town), Thetford (town), Broadland (district), Great Yarmouth (town and district), King’s Lynn and West Norfolk (district), Castle Rising (village), King’s Lynn (town), Sandringham (village), North Norfolk (district), Norwich (city and district), South Norfolk (district), North East Lincolnshire (unitary authority), Cleethorpes (town and urban area), Grimsby (town), North Lincolnshire (unitary authority), Scunthorpe (town and urban area), North Somerset (unitary authority), Weston-super-Mare (town), North Yorkshire (county), Craven (district), Hambleton (district), Northallerton (town), Harrogate (town and district), Knaresborough (town), Ripon (city), Richmondshire (district), Richmond (town), Ryedale (district), Malton (town), Scarborough (town and district), Whitby (town), Selby (town and district), Northamptonshire (county), Corby (town and district), Daventry (town and district), East Northamptonshire (district), Oundle (town), Kettering (district), Northampton (town and district), South Northamptonshire (district), Wellingborough (town and district), Northumberland (unitary authority), Bamburgh (village), Bedlington (town), Cramlington (town), Hexham (town), Morpeth (town), Warkworth (village), Nottingham (city and unitary authority), Nottinghamshire (county), Ashfield (district), Bassetlaw (district), Worksop (town), Broxtowe (district), Beeston and Stapleford (urban area), Gedling (district), Mansfield (town and district), Newark and Sherwood (district), Newark-on-Trent (town), Rushcliffe (district), West Bridgford (town), Oxfordshire (county), Cherwell (district), Banbury (town), Bicester (town), Oxford (city and district), South Oxfordshire (district), Henley-on-Thames (town), Vale of White Horse (district), Wantage (town), West Oxfordshire (district), Burford (town), Peterborough (city and unitary authority), Plymouth (city and unitary authority), Poole (town and unitary authority), Portsmouth (city and unitary authority), Reading (town and unitary authority), Redcar and Cleveland (unitary authority), Rutland (unitary authority), Uppingham (town), Shropshire (unitary authority), Bridgnorth (town), Ludlow (town), Much Wenlock (town), Oswestry (town), Shrewsbury (town), Stokesay (village), Slough (town and unitary authority), Somerset (county), Mendip (district), Glastonbury (town), Wells (city), Sedgemoor (district), Bridgwater (town), Cheddar (village), South Somerset (district), Ilchester (town), Langport (town), Taunton Deane (district), Taunton (town), Wellington (town), West Somerset (district), Dunster (town), Minehead (town), South Gloucestershire (unitary authority), Badminton (village), Kingswood (urbanized area), South Yorkshire (metropolitan county), Barnsley (town and metropolitan borough), Doncaster (town and metropolitan borough), Adwick le Street (town), Rotherham (town and metropolitan borough), Sheffield (town, city, and metropolitan borough), Southampton (city and unitary authority), Southend-on-Sea (town and unitary authority), Staffordshire (county), Cannock Chase (district), East Staffordshire (district), Burton upon Trent (town and urban area), Lichfield (city and district), Newcastle-under-Lyme (town and district), South Staffordshire (district), Stafford (town and district), Staffordshire Moorlands (district), Tamworth (district), Stockton-on-Tees (town and unitary authority), Stoke-on-Trent (city and unitary authority), Suffolk (county), Babergh (district), Sudbury (town), Forest Heath (district), Mildenhall (town), Newmarket (town), Ipswich (town and district), Mid Suffolk (district), St. Edmundsbury (district), Bury St. Edmunds (town), Suffolk Coastal (district), Dunwich (village), Felixstowe (town), Woodbridge (town), Waveney (district), Beccles (town), Lowestoft (town), Surrey (county), Elmbridge (district), Epsom and Ewell (district), Guildford (town and district), Mole Valley (district), Dorking (town), Reigate and Banstead (district), Runnymede (district), Spelthorne (district), Staines (town and urban area), Surrey Heath (district), Tandridge (district), Waverley (district), Haslemere (town), Woking (district), Swindon (town and unitary authority), Telford and Wrekin (unitary authority), Telford (town and urban area), Thurrock (town and unitary authority), Tilbury (town), Torbay (unitary authority), Brixham (town), Tyne and Wear (metropolitan county), Gateshead (town and metropolitan borough), Felling (ward), Newcastle upon Tyne (city and metropolitan borough), Newburn (neighbourhood), North Tyneside (metropolitan borough), Wallsend (town), South Tyneside (metropolitan borough), Jarrow (town and urban area), South Shields (town), Sunderland (town and metropolitan borough), Washington (town), Warrington (city and unitary authority), Warwickshire (county), North Warwickshire (district), Nuneaton and Bedworth (district), Bedworth (town), Rugby (town and district), Stratford-on-Avon (district), Warwick (district), Royal Leamington Spa (town), Warwick (town), West Berkshire (unitary authority), Newbury (town), West Midlands (metropolitan county), Birmingham (city and metropolitan borough), Coventry (city and metropolitan borough), Dudley (metropolitan borough), Sandwell (metropolitan borough), West Bromwich (locality), Solihull (metropolitan borough), Walsall (metropolitan borough), Wolverhampton (metropolitan borough), West Sussex (county), Adur (district), Shoreham-by-Sea (town), Arun (district), Arundel (town), Bognor Regis (town), Chichester (district), Petworth (town), Crawley (town and district), Horsham (town and district), Mid Sussex (district), East Grinstead (town), Worthing (district), West Yorkshire (metropolitan county), Bradford (urban area, city, and metropolitan borough), Haworth (town), Keighley (town), Saltaire (village), Calderdale (metropolitan borough), Halifax (town and urban area), Todmorden (town), Kirklees (metropolitan borough), Dewsbury (town), Huddersfield (town and urban area), Leeds (urban area, city, and metropolitan borough), Wakefield (urban area, city, and metropolitan borough), Pontefract (town), Wiltshire (county), Amesbury (town), Bradford-on-Avon (town), Chippenham (town), Cricklade (town), Devizes (town), Malmesbury (town), Marlborough (town), Salisbury (city), Trowbridge (town), Westbury (town), Wilton (town), Windsor and Maidenhead (unitary authority), Ascot (locality), Bray (town), Eton (town), Maidenhead (town), Windsor (town and urban area), Wokingham (town and unitary authority), Worcestershire (county), Bromsgrove (district), Malvern Hills (town and district), Great Malvern (town), Redditch (town and district), Worcester (city and district), Wychavon (district), Broadway (village), Droitwich (town), Evesham (town), Wyre Forest (district), Kidderminster (town), York (city and unitary authority), Northern Ireland, Antrim and Newtownabbey (district), Antrim (town), Newtownabbey (district), Ards and North Down (district), Newtownards (town), Bangor (town), Armagh, Banbridge, and Craigavon (district), Armagh (city), Banbridge (town), Dromore (town), Craigavon (town), Lurgan (town), Belfast (city and district), Stormont (locality), Causeway Coast and Glens (district), Ballycastle (town), Ballymoney (town), Coleraine (town), Portrush (town), Limavady (town), Derry and Strabane (district), Londonderry (city), Strabane (town), Fermanagh and Omagh (district), Enniskillen (town), Omagh (town), Lisburn and Castlereagh (district), Lisburn (town), Mid and East Antrim (district), Ballymena (town), Carrickfergus (town), Larne (town), Mid Ulster (district), Cookstown (town), Dungannon (town), Magherafelt (town), Newry, Mourne, and Down (district), Downpatrick (town), Kilkeel (town), Newcastle (town), Newry (town), Scotland, Aberdeen (city and council area), Aberdeenshire (council area), Banff (town), Braemar (village), Cruden Bay (village), Peterhead (town), St. Fergus (village), Angus (council area), Arbroath (town), Brechin (town), Forfar (town), Glamis (village), Montrose (town), Argyll and Bute (council area), Campbeltown (town), Dunoon (town), Inveraray (town), Lochgilphead (town), Rothesay (town), Tarbert (village), Clackmannanshire (council area), Dumfries and Galloway (council area), Dumfries (town), Gretna Green (village), Kirkcudbright (town), Lochmaben (town), Whithorn (town), Dundee (city and council area), East Ayrshire (council area), Cumnock (town), Kilmarnock (town), Mauchline (village), East Dunbartonshire (council area), Kirkintilloch (town), Milngavie (town), East Lothian (council area), Dunbar (town), Haddington (town), East Renfrewshire (council area), Edinburgh (city and council area), Leith (port), Falkirk (council area), Falkirk (town), Grangemouth (town), Fife (council area), Buckhaven (town), Culross (town), Cupar (town), Dunfermline (city), Glenrothes (town), Kirkcaldy (town), Rosyth (town), St. Andrews (city), Glasgow (city and independent council area), Highland (council area), Alness (village), Cawdor (village), Cromarty (town), Fort William (town), Invergordon (town), Inverness (town), John o’Groats (village), Nigg (village), Thurso (town), Wick (town), Inverclyde (council area), Greenock (town), Midlothian (council area), Dalkeith (town), Moray (council area), Elgin (town), Forres (town), Lossiemouth (town), North Ayrshire (council area), Irvine (town), North Lanarkshire (council area), Coatbridge (town), Cumbernauld (town), Motherwell and Wishaw (urban area), Orkney Islands (council area), Kirkwall (town), Perth and Kinross (council area), Dunkeld (city), Kinross (town), Perth (city), Scone (village), Renfrewshire (council area), Paisley (town), Renfrew (town), Scottish Borders (council area), Coldstream (town), Duns (town), Galashiels (town), Hawick (town), Jedburgh (town), Kelso (town), Melrose (town), Newtown St. Boswells (village), Peebles (town), Selkirk (town), Shetland Islands (council area), Lerwick (town), Sullom Voe (locality), South Ayrshire (council area), Ayr (town), Alloway (suburb), Prestwick (town), South Lanarkshire (council area), East Kilbride (town), Hamilton (town), Lanark (town), Stirling (council area), Balquhidder (village), Bannockburn (town), Callander (town), Stirling (town), West Dunbartonshire (council area), Clydebank (town), Dumbarton (town), West Lothian (council area), Linlithgow (town), Livingston (town), Western Isles (council area), Stornoway (town), Wales, Blaenau Gwent (county borough), Abertillery (town), Ebbw Vale (town and urban area), Bridgend (county borough), Bridgend (town and urban area), Porthcawl (town), Caerphilly (county borough), Caerphilly (town and urban area), Gelligaer (town), Cardiff (city and county borough), Llandaff (former town, neighborhood), Carmarthenshire (county), Carmarthen (town), Llanelli (town and urban area), Ceredigion (county), Aberystwyth (town), Cardigan (town), Conwy (county borough), Colwyn Bay (town and urban area), Conwy (town), Llandudno (town), Denbighshire (county), Denbigh (town), Rhyl (town), St. Asaph (village), Flintshire (county), Hawarden (town), Holywell (town), Gwynedd (county), Bala (town), Bangor (city), Caernarfon (town), Harlech (village), Isle of Anglesey (county), Holyhead (town), Llangefni (town), Merthyr Tydfil (town and county borough), Monmouthshire (county), Abergavenny (town), Chepstow (town), Monmouth (town), Usk (town), Neath Port Talbot (county borough), Margam (locality), Neath (town and urban area), Pontardawe (town), Port Talbot (town and urban area), Newport (town and county borough), Caerleon (town), Pembrokeshire (county), Haverfordwest (town), Milford Haven (town), Pembroke (urbanized area), St. David’s (city), Tenby (town), Powys (county), Brecon (town), Builth Wells (town), Llandrindod Wells (town), Montgomery (town), Newtown (town), Welshpool (town), Rhondda Cynon Taf (county borough), Aberdare (town), Hirwaun (village), Llantrisant (town), Mountain Ash (town), Pontypridd (town), Swansea (county), Swansea (city), Torfaen (county borough), Cwmbrân (town and urban area), Pontypool (town and urban area), Vale of Glamorgan (county), Barry (town), Cowbridge (town), Llantwit Major (town), Wrexham (county borough). (https://www.britannica.com/topic/list-of-cities-and-towns-in-the-United-Kingdom-2034188)  

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

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

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

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 the United Kingdom. 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 the United Kingdom.

Mother’s Consent for relocation of the minor child to the United Kingdom

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 the United Kingdom, 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 the United Kingdom

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 the United Kingdom. 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 the United Kingdom.

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

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 the United Kingdom?

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 the United Kingdom, 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 the United Kingdom, then the Court will make an Order similar to that which is shown below. [caption id="attachment_10840" align="alignnone" width="658"]Relocation consent Court Order for minor child to the United Kingdom - UK - Advocate Muhammad Abduroaf Relocation consent Court Order for minor child to the United Kingdom – UK – Advocate Muhammad Abduroaf[/caption] [caption id="attachment_10841" align="alignnone" width="678"]Relocation consent Court Order for minor child to the United Kingdom - UK - Advocate Muhammad Abduroaf Relocation consent Court Order for minor child to the United Kingdom – UK – Advocate Muhammad Abduroaf[/caption]

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