I am father of a baby girl. I want to confirm my parental rights. How do I do it?

When it comes to children, the law mandates that we always prioritise the child’s best interests. It is  beneficial for a child to maintain a healthy and loving relationship with both parents. Concurrently, a parent has the right to be involved in their child’s life, provided that such involvement aligns with the child’s best interests. This article addresses the process by which a father can establish his parental responsibilities and rights concerning his child.

Confirming a father’s Parental Responsibilities and Rights to his Child

In the past, terms like Custody and Access were used for parental rights. Now, the terms Care and Contact are used. The Children’s Act of 2005 states that both parents have full parental responsibilities and rights, with some exceptions. If there is a dispute, the father may need to apply to the High Court to confirm his rights, which can be costly. It is advised to consult an attorney or advocate.

The Court Application

A Notice of Motion must be drafted, supported by a Founding Affidavit, and sometimes confirmatory affidavits. These documents are filed with the Family Advocate’s Office. Once served, the mother can file opposing papers, and the father can reply. A court date will be set, and a Judge will decide the matter, possibly with a Family Advocate’s Report. Urgent applications require experienced legal counsel.

The father would essentially be requesting the following:

An Order directing that both parties (mother and father) share parental responsibilities and rights regarding the minor child, in accordance with the Children’s Act, 38 of 2005 (“the Children’s Act”), as follows:
  • Both parties are co-holders of guardianship over the minor child as stipulated in Section 18(2(c); 18(3); 18(4) and 18(5) of the Children’s Act.
  • Both parties shall share parental responsibilities and rights of care and contact concerning the minor child, as outlined in Section 18(2)(a) and (b) of the Children’s Act.
  • The implementation of these rights of care and contact.
The Court will consider the matter and render a decision. If the outcome is favorable, the Court would issue an Order affirming the father’s parental responsibilities and rights.

Sharing Information

This and other articles available on this website are authored by Adv. Muhammad Abduroaf to assist individuals with various family law-related issues. If you find our articles, free resources, and posts beneficial or potentially helpful to others, please like and share them on social media by clicking the icons below. For more insightful articles and information on Family Law, visit our articles and Q&A page. If you have a legal issue related to family law and seek an answer or response, feel free to post it on our Family Law Blog. Therefore, kindly like and share. For any other legal services and advice not pertaining to family law, please visit Private Legal.  
Posted on by Telelaw

I am father of a baby girl. I want to confirm my parental rights. How do I do it?

When it comes to children, the law mandates that we always prioritise the child’s best interests. It is  beneficial for a child to maintain a healthy and loving relationship with both parents. Concurrently, a parent has the right to be involved in their child’s life, provided that such involvement aligns with the child’s best interests. This article addresses the process by which a father can establish his parental responsibilities and rights concerning his child.

Confirming a father’s Parental Responsibilities and Rights to his Child

In the past, terms like Custody and Access were used for parental rights. Now, the terms Care and Contact are used. The Children’s Act of 2005 states that both parents have full parental responsibilities and rights, with some exceptions. If there is a dispute, the father may need to apply to the High Court to confirm his rights, which can be costly. It is advised to consult an attorney or advocate.

The Court Application

A Notice of Motion must be drafted, supported by a Founding Affidavit, and sometimes confirmatory affidavits. These documents are filed with the Family Advocate’s Office. Once served, the mother can file opposing papers, and the father can reply. A court date will be set, and a Judge will decide the matter, possibly with a Family Advocate’s Report. Urgent applications require experienced legal counsel.

The father would essentially be requesting the following:

An Order directing that both parties (mother and father) share parental responsibilities and rights regarding the minor child, in accordance with the Children’s Act, 38 of 2005 (“the Children’s Act”), as follows:

  • Both parties are co-holders of guardianship over the minor child as stipulated in Section 18(2(c); 18(3); 18(4) and 18(5) of the Children’s Act.
  • Both parties shall share parental responsibilities and rights of care and contact concerning the minor child, as outlined in Section 18(2)(a) and (b) of the Children’s Act.
  • The implementation of these rights of care and contact.

The Court will consider the matter and render a decision. If the outcome is favorable, the Court would issue an Order affirming the father’s parental responsibilities and rights.

Sharing Information

This and other articles available on this website are authored by Adv. Muhammad Abduroaf to assist individuals with various family law-related issues. If you find our articles, free resources, and posts beneficial or potentially helpful to others, please like and share them on social media by clicking the icons below. For more insightful articles and information on Family Law, visit our articles and Q&A page. If you have a legal issue related to family law and seek an answer or response, feel free to post it on our Family Law Blog. Therefore, kindly like and share.

For any other legal services and advice not pertaining to family law, please visit Private Legal.

 

Related Post

I require a law firm to assist me in my legal matter in the High Court of South Africa.

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:
  • Tel.: 021 111 0090
  • Email.: [email protected]
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’s 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

Posted on by Telelaw

Top tips from a Senior Family Law Advocate on how to deal with your Child Custody matter in the Giyani Children’s Court

 

Family law legal matters can be very stressful. This is so whether you live in Giyani or any other city in South Africa. Especially so if you have no idea how the legal processes work. It is one thing to know that you are entitled to child support, but it is a totally different matter to know the law and procedure on how to claim child support. Luckily in child maintenance matters, the maintenance court is there to assist you in completing the application form. However, many times that is not enough. Especially so if the other parent has a lawyer and knows how to present the case for his or her client.

This article, however, deals with some top tips in care and contact or custody matters in the Children’s Court in Giyani. It would explain the processes involved and advise on how to be best prepared for your matter. This advice is applicable whether you live in Giyani or any other city in South Africa.

What to do before visiting the Giyani Children’s Court

Before you approach the Children’s Court in Giyani, first try to resolve the issues with the other parent. Therefore, if you want more contact with your child and the other parent is refusing, try to resolve the matter first with that parent. If that does not work, try mediation. The mediator can be anyone, from a trusted mutual friend, priest, or other religious leaders, or a professional like an attorney, psychologist, or the office of the Family Advocate. Giyani has many professionals that can assist you in this regard. If resolving the matter by yourselves is not possible, or mediation fails, then we suggest you approach the Giyani Children’s Court for assistance.

TIP: Focus on getting someone neutral to assist in mediating your matter. Organisations like FAMSA and FAMAC can be of assistance. Google them.

Approaching the Giyani Children’s Court

The Giyani Children’s Court should be approached if it is the closest Children’s Court to you. You need to verify with the Giyani Children’s Court that you fall under their area of jurisdiction. If not, they would direct you to which Children’s Court is applicable to you.

Once you arrive at the Giyani Children’s Court, they will provide you with a form headed “Bringing Matter to Court in Terms of Section 53 Children’s Act, 2005 (Act no. 38 of 2005) Regulation Relating to Children’s Court and International Child Abduction, 2008 [Regulation 6]. This form is also called Form 2.

In this form, you will provide all your particulars and that of the child or children and the other parent. The sections in the form are as follows:

  • PART A: PARTICULARS OF CHILD(REN)
  • PART B: PARTICULARS OF *CHILD WHO IS AFFECTED BY OR INVOLVED IN THE MATTER/PERSON *ACTING IN THE INTEREST OF THE CHILD/*ON BEHALF OF THE CHILD WHO CANNOT ACT IN HIS/HER OWN NAME/ *MEMBER OF A GROUP OF CLASS OF CHILDREN/*IN THE PUBLIC INTEREST (SECTION 53(2)
  • PART C: PARTICULARS OF PERSONS HAVING AN INTEREST IN THE MATTER
  • PART D: PARTICULARS OF MATTER

In part D, the following is stated which you need to provide in the form:

  • Nature of matter brought to Court: (Please give full details of the matter e.g., registration/amendment of parenting plans, removal of child to safe care, children in need of care and protection, placement in youth care centers, adoption etc.
  • Documents: Are there any documents relating to the matter? (If so please attach)

Once you have completed the form and attached the relevant documents to it, you must take it to a commissioner of Oaths to have it commissioned. It does not have to be in Giyani.

TIP: Draft a separate affidavit explaining your case. Outline some background information and reasons why the Court should give you what you request. Attach it to Form 2.

Processing your Application at the Giyani Children’s Court

Once you complete the Form A and submit it to the Clerk of the Giyani Children’s Court, they will process it and allocate it a case number or reference number. The Clerk of the Court would then allocate a date to the matter and advise the parties accordingly when the court date is. Please note that some courts follow a different process for processing the application and informing the parties of the court date. Please enquire from the Court when making the application what process they follow.

TIP: Obtain the contact details of the Court for you to contact them to obtain the Court date or other information. Ask for their contact number and email address.

Appearing in the Giyani Children’s Court

When notified of the Court date, both you and the other parent should attend. If you are making use of a lawyer (Advocate or Attorney), inform them timeously of the date. Depending on the Court, you may first see the Clerk or go directly to the Magistrate. The Children’s Court would do its best to try to resolve the matter. If the parents cannot come to an agreement, the Children’s Court may postpone the matter for either of the following:

  • Get a social worker involved in the matter;
  • Appoint a legal representative for the minor child;
  • Implement interim care and contact arrangements;
  • Having the parties attempt to agree on a parenting plan;
  •  

In serious matters, the Court may remove the minor child from both parents and place the child in foster care. The powers of the Children’s Court are extensive. It will, however, focus on what is in the child’s best interests.

TIP: Be as vocal as possible. Do not expect the Court to be understanding of your case or be on your side. It is your duty to explain your case and provide the Court with all the relevant information they require for them to make a fair decision.

Finalising the matter in the Giyani Children’s Court

Once the Giyani Children’s Court has enough information to make a final decision, it will do so. Depending on the facts of the matter, that could either be making a Parenting Plan, an Order of the Court or a final care and contact Order. The Court may even make further interim orders, where the parties are to return to Court after a few months, or a year later.

TIP: Do not agree to something just because the social worker, a lawyer, or the Court suggest it. You need to be happy with what is decided.

The above Giyani Children’s Court Application tips should apply to the following provinces and cities:

Eastern Cape:

Alice, Butterworth, East London, Graaff-Reinet, Grahamstown, King William’s Town, Mthatha

Port Elizabeth, Queenstown, Uitenhage, Zwelitsha

Free State:

Bethlehem. Bloemfontein, Jagersfontein, Kroonstad, Odendaalsrus, Parys, Phuthaditjhaba, Sasolburg, Virginia, Welkom

Gauteng:

Benoni, Boksburg, Brakpan, Carletonville, Germiston, Johannesburg, Krugersdorp, Pretoria, Randburg, Randfontein, Roodepoort, Soweto, Springs, Vanderbijlpark, Vereeniging

KwaZulu-Natal:

Durban, Empangeni, Ladysmith, Newcastle, Pietermaritzburg, Pinetown, Ulundi, Umlazi

Limpopo:

Giyani, Lebowakgomo, Musina, Phalaborwa, Polokwane, Seshego, Sibasa, Thabazimbi

Mpumalanga:

Emalahleni, Nelspruit, Secunda, North West, Klerksdorp, Mahikeng, Mmabatho, Potchefstroom, Rustenburg, Northern Cape, Kimberley, Kuruman, Port Nolloth

Western Cape:

Bellville, Giyani, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester

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Relocation with my minor child to United States, New York City (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 New York City, United States

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 five or six) 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 King William’s Town or Parys, South Africa, and you want to relocate to New York City, 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 New York City, 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 New York City, 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 New York City, United States.

What can I do if the other parent does not want to consent to the minor child’s relocation to New York City, United States?

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 New York City, 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 New York City, 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 New York City, United States, the Court would make it possible despite the issue of consent or refusal.

What is the first step I should take if the other parent does not want to consent to the minor child’s passport application and/or relocation to New York City, United States?

If the other parent does not want to consent to the passport application and/or the relocation of the minor child to New York City, United States – in that case, we suggest you approach an attorney or advocate (trust account) to assist you with the legal process. He or she would then contact the other parent explaining the reasons for the relocation and request the necessary consent. If the parent remaining in South Africa does still not agree to the passport application and/or to the relocation to New York City, United States, then the attorney or advocate will proceed to take the matter to court. The legal route can be expensive. However, it is necessary to make the relocation of the minor child possible. You may also attend to the legal process yourself.

Getting legal assistance or help with your relocation application to New York City, United States

If you require legal assistance or representation with relocating to New York City, United States due to the other parent not cooperating or providing consent, then feel free to contact us for assistance. The Firm Advocate, Muhammad Abduroaf, deals with these types of matters.

Posted on by Telelaw

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