I never saw my child for months – How do I Obtain Urgent Access to Your Children Without the Services of a Lawyer?

Are you a father or mother whose ex-partner is refusing you access or contact with your child? If so, you have the right to seek relief from the Court for urgent access. When a couple has a child, they often agree on what is best for their child, actively contributing to the child’s life even if they are no longer together. The father typically maintains regular contact and bonds with the child. However, once the relationship ends, disagreements may arise over what constitutes the best interests of the child, particularly regarding the father’s access. In such cases, the mother might deny access outright or impose strict conditions that limit the father’s visitation. If the mother refuses access or imposes conditions that are not in the child’s best interest, the father has grounds to urgently approach the Court for relief. The same applies if the role were reversed. Navigating court procedures can be quite complicated. Therefore, it is strongly recommended that you consult an attorney experienced in urgent applications. If possible, the attorney should have an advocate available to assist you with the application in court, whether or not there is opposition. However, if you choose to represent yourself, please continue reading for guidance on making an application in the High Court.

The Court Procedure

Since your Court application is urgent, it should be made via affidavit rather than orally in court. However, you may still be required to provide oral evidence at the Judge’s discretion to clarify certain issues. This requirement can usually be avoided if your documents are well-prepared. To start, you need to draft two documents: a Notice of Motion and a founding affidavit. Although the text below references an attorney or advocate, you can complete this process on your own. For simplicity, the terms “contact” and “access” are used instead of “care” and “contact.”

What is the Notice of Motion?

In the Notice of Motion, you clearly state what you want the Judge to grant you, similar to the prayers included in a summons. Your main request is for urgent access to your child. Because you are making an urgent application, you will be bypassing certain court rules regarding timeframes and procedures. Therefore, your first request to the Court should be for it to condone your non-compliance with its rules. Next, specify the relief you are seeking, generally in the form of an interim order that can be finalized later. Typically, you will request a rule nisi. An example of the prayers in an urgent access application in the High Court are as follows:
  • Condoning the Applicant’s non-compliance with forms and service and time periods provided in the Uniform Rules of this Honourable Court and permitting this Application to be entertained as a matter of urgency in terms of Rule 6(12) of the Rules of Court;
  • That a Rule Nisi be issued, calling upon the Respondent to appear before Court on ____________________ 2026 at 10:00, in order to show cause why an Interim Order should not be confirmed in the following terms:-
    • That the Applicant shall have unsupervised contact to the minor child as follows:
    • Every alternative weekend commencing from Friday 18:00 to Sunday at 18:00.
  • That the provisions above shall operate as an Interim Order, with immediate effect, pending the return date of the Rule Nisi;
This document is signed by your attorney, or by you if, you are acting in person.

What is the Founding Affidavit?

In your Founding Affidavit, you must provide relevant information under oath. This includes details about yourself, the mother of the child, and the child. You will also need to provide information on several or more of the following matters: – Background information about your relationship with the child’s mother – Your past access to the child – Past involvement in the child’s life – When access to the child ceased or lessened, along with the circumstances surrounding this – Past maintenance or attempts to support the child – Why the application is urgent and why substantive relief cannot be afforded to you in due course – Any other relevant information

How do I Issue and serve the Urgent Application on the other side?

Once the Notice of Motion and Founding Affidavit are complete, your attorney will make the necessary copies. They will then have the application issued in court, which will provide a case number. If possible, you should have the application served on the child’s mother in a timely manner. You should also serve the Office of the Family Advocate. You can utilize the office of the Sheriff, or your attorney may serve the papers directly to the mother.

What happens if there is Opposition?

If the mother opposes the relief sought after being served with the application, she should file an opposing affidavit, to which you will need to reply. Both parties will then argue the matter before the Judge.

What happens at teh Urgent Hearing at the High Court?

If your matter is set down on the Court Roll, the Judge will have already reviewed the papers filed. You will wait for your matter to be called. If your case is to be heard before the Urgent Judge on duty that day, you or your Advocate must present the file to the Judge in advance for review. If the mother or her Advocate is present in court and the parties cannot reach a settlement, they will argue the matter before the Judge. However, if the mother has been duly served but does not appear in court, the process may proceed more quickly. After the Judge has made a decision on the matter, the following may occur: – The Judge may grant the urgent access requested – Grant you urgent access, but not under the terms you requested – Refuse to grant any relief without a family advocate report – Dismiss your application for lack of merits and/or urgency. We are certain that you found the above article useful and interesting. Please consider sharing it on the share buttons below. They include Facebook, Twitter, LinkedIn, WhatsApp, Gmail and more. Someone may find it useful as well.  
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I never saw my child for months – How do I Obtain Urgent Access to Your Children Without the Services of a Lawyer?

Are you a father or mother whose ex-partner is refusing you access or contact with your child? If so, you have the right to seek relief from the Court for urgent access.

When a couple has a child, they often agree on what is best for their child, actively contributing to the child’s life even if they are no longer together. The father typically maintains regular contact and bonds with the child. However, once the relationship ends, disagreements may arise over what constitutes the best interests of the child, particularly regarding the father’s access. In such cases, the mother might deny access outright or impose strict conditions that limit the father’s visitation. If the mother refuses access or imposes conditions that are not in the child’s best interest, the father has grounds to urgently approach the Court for relief. The same applies if the role were reversed.

Navigating court procedures can be quite complicated. Therefore, it is strongly recommended that you consult an attorney experienced in urgent applications. If possible, the attorney should have an advocate available to assist you with the application in court, whether or not there is opposition. However, if you choose to represent yourself, please continue reading for guidance on making an application in the High Court.

The Court Procedure

Since your Court application is urgent, it should be made via affidavit rather than orally in court. However, you may still be required to provide oral evidence at the Judge’s discretion to clarify certain issues. This requirement can usually be avoided if your documents are well-prepared.

To start, you need to draft two documents: a Notice of Motion and a founding affidavit. Although the text below references an attorney or advocate, you can complete this process on your own. For simplicity, the terms “contact” and “access” are used instead of “care” and “contact.”

What is the Notice of Motion?

In the Notice of Motion, you clearly state what you want the Judge to grant you, similar to the prayers included in a summons. Your main request is for urgent access to your child. Because you are making an urgent application, you will be bypassing certain court rules regarding timeframes and procedures. Therefore, your first request to the Court should be for it to condone your non-compliance with its rules. Next, specify the relief you are seeking, generally in the form of an interim order that can be finalized later. Typically, you will request a rule nisi.

An example of the prayers in an urgent access application in the High Court are as follows:

  • Condoning the Applicant’s non-compliance with forms and service and time periods provided in the Uniform Rules of this Honourable Court and permitting this Application to be entertained as a matter of urgency in terms of Rule 6(12) of the Rules of Court;
  • That a Rule Nisi be issued, calling upon the Respondent to appear before Court on ____________________ 2026 at 10:00, in order to show cause why an Interim Order should not be confirmed in the following terms:-
    • That the Applicant shall have unsupervised contact to the minor child as follows:
    • Every alternative weekend commencing from Friday 18:00 to Sunday at 18:00.
  • That the provisions above shall operate as an Interim Order, with immediate effect, pending the return date of the Rule Nisi;

This document is signed by your attorney, or by you if, you are acting in person.

What is the Founding Affidavit?

In your Founding Affidavit, you must provide relevant information under oath. This includes details about yourself, the mother of the child, and the child. You will also need to provide information on several or more of the following matters:

– Background information about your relationship with the child’s mother
– Your past access to the child
– Past involvement in the child’s life
– When access to the child ceased or lessened, along with the circumstances surrounding this
– Past maintenance or attempts to support the child
– Why the application is urgent and why substantive relief cannot be afforded to you in due course
– Any other relevant information

How do I Issue and serve the Urgent Application on the other side?

Once the Notice of Motion and Founding Affidavit are complete, your attorney will make the necessary copies. They will then have the application issued in court, which will provide a case number. If possible, you should have the application served on the child’s mother in a timely manner. You should also serve the Office of the Family Advocate. You can utilize the office of the Sheriff, or your attorney may serve the papers directly to the mother.

What happens if there is Opposition?

If the mother opposes the relief sought after being served with the application, she should file an opposing affidavit, to which you will need to reply. Both parties will then argue the matter before the Judge.

What happens at teh Urgent Hearing at the High Court?

If your matter is set down on the Court Roll, the Judge will have already reviewed the papers filed. You will wait for your matter to be called. If your case is to be heard before the Urgent Judge on duty that day, you or your Advocate must present the file to the Judge in advance for review. If the mother or her Advocate is present in court and the parties cannot reach a settlement, they will argue the matter before the Judge. However, if the mother has been duly served but does not appear in court, the process may proceed more quickly.

After the Judge has made a decision on the matter, the following may occur:

– The Judge may grant the urgent access requested
– Grant you urgent access, but not under the terms you requested
– Refuse to grant any relief without a family advocate report
– Dismiss your application for lack of merits and/or urgency.

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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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[caption id="attachment_10824" align="alignnone" width="664"]Relocation consent Court Order for minor child to China - Advocate Muhammad Abduroaf Relocation consent Court Order for minor child to China – Advocate Muhammad Abduroaf[/caption]

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

China 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 China, if a minor child will be joining that parent and also relocating to China, 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 China. Before we do so, let us list the various cities and towns in China to which you may want to relocate: Anhui (province), Anqing, Bengbu, Hefei, Huainan, Huangshan, Ma’anshan, Shexian, Tongcheng, Tongling, Wuhu, Xuancheng, Beijing (provincial-level municipality, capital), Beijing, Chongqing (provincial-level municipality), Chongqing, Hechuan, Wanzhou, Fujian (province), Fuzhou, Longyan, Nanping, Quanzhou, Sanming, Shaowu, Xiamen, Yong’an, Zhangzhou, Gansu (province), Dunhuang, Jiuquan, Lanzhou, Pingliang, Tianshui, Wuwei, Yumen, Guangdong (province), Chaozhou, Foshan, Guangzhou, Jiangmen, Maoming, Meizhou, Shantou, Shaoguan, Shenzhen, Zhanjiang, Zhaoqing, Zhongshan, Guangxi (autonomous region), Baise, Beihai, Guilin, Liuzhou, Nanning, Pingxiang, Wuzhou, Yulin, Guizhou (province), Anshun, Duyun, Guiyang, Zunyi, Hainan (province), Haikou, Hebei (province), Baoding, Cangzhou, Chengde, Handan, Kalgan, Qinhuangdao, Shanhaiguan, Shijiazhuang, Tangshan, Xingtai, Xuanhua, Zhengding, Heilongjiang (province), Acheng, Binxian, Harbin, Hegang, Hulan, Jiamusi, Jixi, Mudanjiang, Qiqihar, Shuangyashan, Yichun, Henan (province), Anyang, Hebi, Jiaozuo, Kaifeng, Luohe, Luoyang, Nanyang, Shangqiu, Xinxiang, Xinyang, Xuchang, Zhengzhou, Zhoukou, Hong Kong (special administrative region), Hong Kong, Victoria, Hubei (province), Daye, Hankou, Hanyang, Huangshi, Jingzhou, Laohekou, Wuchang, Wuhan, Xiangfan, Yichang, Hunan (province), Changde, Changsha, Hengyang, Jinshi, Shaoyang, Xiangtan, Yiyang, Yueyang, Zhuzhou, Inner Mongolia (autonomous region), Baotou, Chifeng, Duolun, Erenhot, Hailar, Hohhot, Jining, Manzhouli, Tongliao, Jiangsu (province), Changshu, Changzhou, Huai’an, Huaiyin, Lianyungang, Nanjing, Nantong, Suzhou, Taizhou, Wuxi, Xuzhou, Yancheng, Yangzhou, Zhenjiang, Jiangxi (province), Ganzhou, Ji’an, Jingdezhen, Jiujiang, Nanchang, Pingxiang, Shangrao, Zhangshu, Jilin (province), Baicheng, Changchun, Jilin, Liaoyuan, Siping, Tonghua, Yanji, Liaoning (province), Anshan, Beipiao, Benxi, Dalian, Dandong, Fushun, Fuxin, Jinzhou (southern Liaoning), Jinzhou (western Liaoning), Liaoyang, Lüshun, Shenyang, Wafangdian, Yingkou, Macau (special administrative region), Macau, Ningxia (autonomous region), Yinchuan, Qinghai (province), Golmud, Lenghu, Xining, Shaanxi (province), Ankang, Baoji, Hanzhong, Shangluo, Tongguan, Xi’an, Xianyang, Yan’an, Shandong (province), Dezhou, Jinan, Jining, Linzi, Qingdao, Qufu, Weifang, Weihai, Yantai, Zaozhuang, Zibo, Shanghai (provincial-level municipality), Shanghai, Shanxi (province), Changzhi, Datong, Jinzhong, Linfen, Puzhou, Taiyuan, Yangquan, Sichuan (province), Chengdu, Kangding, Luzhou, Mianyang, Nanchong, Neijiang, Wutongqiao, Ya’an, Yibin, Zigong, Tianjin (provincial-level municipality), Tanggu, Tianjin, Tibet (autonomous region), Gartok, Gyangzê, Lhasa, Xigazê, Xinjiang (autonomous region), Hami, Hotan, Karamay, Kashgar, Kucha, Kuldja, Shihezi, Turfan, Ürümqi, Yarkand, Yunnan (province), Dali, Gejiu, Jinghong, Kaiyuan, Kunming, Pu’er, Zhejiang (province), Fenghua, Hangzhou, Huzhou, Jiaxing, Jinhua, Ningbo, Quzhou, Shaoxing, Wenzhou. (https://www.britannica.com/topic/List-of-cities-in-China-2040392)

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

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

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

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 China. 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 China.

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

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 China, 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 China

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 China. 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 China.

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

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 China?

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 China, 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 China, then the Court will make an Order similar to that which is shown below. [caption id="attachment_10823" align="alignnone" width="682"]Relocation consent Court Order for minor child to China - Advocate Muhammad Abduroaf Relocation consent Court Order for minor child to China – Advocate Muhammad Abduroaf[/caption] [caption id="attachment_10824" align="alignnone" width="692"]Relocation consent Court Order for minor child to China - Advocate Muhammad Abduroaf Relocation consent Court Order for minor child to China – Advocate Muhammad Abduroaf[/caption]  

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Prevention is better than cure

Too many times we’ve seen businesses failing to take preventative measures to secure the growth of their business. The nature of a business could mean signing off contracts and agreements in the hope of  good deals – little do they know that they could be signing off the lifeblood of their business. With a legal expert in place, he/she can detect the loopholes and save you from such grave mistakes.

Professional business legal input

In the end, you’re a business owner and not an Attorney – which is why you will need the expertise and professional legal input of a legal expert, or someone with a Litigation background. Our family and business consultancy have years of experience in business matters and is highly capable of offering you a fresh legal perspective. We are a family and business legal consultancy that aims to deliver professional, expert legal advice and guidance where necessary. See our estimated cost for our legal business products are as follows:
Ante-nuptial ContractsR 2 100 – 00
Basic Will DraftingR 1 000 – 00
Email Legal Advice (per question)R 299 – 00
Family Trust RegistrationR 7500 – 00
Shariah Will Drafting R 950 – 00
Unopposed Divorces R 9500 – 00
For your convenience, we are also professional legal drafters of Ante-Nuptial Contracts which will cost you to you a total of R2 100 – 00. Furthermore, we have a professional online method in which you can call our offices on 021 424 3487, for an online appointment to be made for you.

Family legal expert – divorce, child custody and child maintenance

Our law offices boasts a professional, client friendly environment with free Wi-Fi for our clients. Our services are of a highly reputable, quality nature in which the legal expert, will be advising and guiding you through the process. We take the well-being of our clients very seriously and always try to prepare the best argument in court. When it comes to professional legal drafting, we strive at providing well thought out, cleverly composed legal documents that best reflects what you require. Our family law website enables easily accessible, thus making navigating through our pages less of a problem and legal information more of a priority. Our professional legal articles contains free, expert legal advice for your convenience. For more information on the family legal services we offer, feel free to call our offices to make an online appointment for you. We have compiled a range of online legal articles that explains the rights of fathers. These online articles contain free, expert legal advice compiled by the legal expert himself: Feel free to call our law offices on 021 424 3487 today, for an online appointment for a professional legal consultation today! 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.
Posted on by Telelaw

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