Passport Applications for minor children: What you need to know – Department of Home Affairs – Questions  and Answers

Should you require any advice on an application for a passport of a minor, where the co-parent refuses to consent or co-operate;  feel free to set up a consultation with us. You may call 0211110090 or click here to do it online.

Leaving South Africa, and visiting another country is something many people do on a daily basis. The reason, therefore, could either be for a holiday, business, a death in the family, and so on. Or it might be to relocate to another country to start a new life, either alone, or with your spouse or children. Whatever the reason is, you require a passport when leaving South Africa. For an adult, all you need to do is visit your nearest Department of Home Affairs Offices, with proof of identity, and the prescribed fees, and take your picture, fingerprints, etc. However, if you are a minor child, under the age of 18, it is not that simple. You would need to go with both your parents, and they need to provide their consent.

Parental Consent and Co-operation for a Passport Application of a Minor child

A child’s Constitutional right to a Passport

What if a parent refuses to consent and cooperate for the application of a passport for a minor child?

What does the Department of Home Affairs say?

• All documents required for passport applications should be completed in black ink
• Husband, wife and children must all complete separate application forms.  Both parents and the children concerned must be present when applying for passports for children. See exceptions under Tourist Passports: persons under 16
• Passports are issued in accordance with your names as they appear in the National Population Register (NPR) at the time of your application.  Any changes to your names must be applied for, finalised and recorded in the NPR before you submit your passport application”

“Applying for Tourist  Passports: Persons under 16 years

• A duly completed passport application Form DHA-73

• • If the parents are married, the passport application form must be signed by both parents and the child and both parents should be in attendance when the application is submitted.
  • Please note that the child and both parents should be in attendance when the application is submitted to the nearest Home Affairs office or SA Mission/Consulate. If a parent cannot be in attendance, a letter of consent and copy of ID will no longer be accepted.
  • If divorced and sole parental rights and responsibilities in regard to guardianship have not been granted to one parent, the child and both parents should be in attendance when the application is submitted and both must sign the application form.
  • If a parent is deceased, his or her death certificate and a copy thereof must accompany the application for the passport
  • In the case of minors born out of wedlock, the biological father ’s consent will also be required if any of the circumstances as outlined in section 21 of the Children’s Act, 1995, are applicable, the child and both parents should be in attendance when the application is submitted.
  • If the applicant is in the care of a guardian other than the parents, proof of the High Court’s appointment must accompany the application.
  • If a parent cannot be located or refuses to consent, or a dispute concerning consent arises, the matter should be referred to the Children’s Court. The Court’s decision must be submitted with the application for the passport.

• The child’s South African birth certificate and a copy thereof
• Two colour passport photographs that comply with the Passport and ID Photograph Specifications (NOT needed at smartcard offices as ID images are captured digitally)
• Payment of the prescribed passport fee”

In summary, on minor children application for a passport

• Every child has a right to a Passport;
• Both parents must visit the Department of Home Affairs when applying for the minor child’s passport. The process is outlined above; and
• If a parent refuses and does not want to co-operate for the passport application, then the High Court may be approached to dispense with that requirement.

Popular relocation countries for South Africans

• United Kingdom (UK)

• Australia

• United States of America (USA)

• New Zealand

• Canada

• Angola

• Botswana

• Chile

• Zimbabwe

• Germany

• Netherlands

• Swaziland

• Israel

• Portugal

• Mozambique

• Ireland

• Malawi

• Switzerland

• Namibia

• Greece

What follows are questions and answers regarding Applications for Passports for Adults and Children

Relocation minor child South Africa Advocate Abduroaf Saudi Arabia Riyadh

Relocation with my minor child to Netherlands, Amsterdam (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 Amsterdam, Netherlands

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 three or four) 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 Springs or Seshego, South Africa, and you want to relocate to Amsterdam, Netherlands, 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 Amsterdam, Netherlands?

The same applies when it comes to your minor child applying for a South African passport to relocate to Netherlands, 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 Amsterdam, Netherlands 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 Amsterdam, Netherlands.

What can I do if the other parent does not want to consent to the minor child’s relocation to Amsterdam, Netherlands?

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 Amsterdam, Netherlands, 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 Amsterdam, Netherlands. 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 Amsterdam, Netherlands, 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 Amsterdam, Netherlands?

If the other parent does not want to consent to the passport application and/or the relocation of the minor child to Amsterdam, Netherlands – 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 Amsterdam, Netherlands, 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 Amsterdam, Netherlands

If you require legal assistance or representation with relocating to Amsterdam, Netherlands 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.