I want to relocate from South Africa with my minor child. The other parent does not want to consent. I need an example of a High Court Application where consent is not required.

In South Africa, the requirement for the consent of the other parent to relocate with a child is often rooted in the best interests of the child. Relocating a child can have significant implications for their relationship with both parents, as well as their overall well-being. If a parent has the parental responsibility of guardianship over a child, his or her consent is required should the minor child leave South Africa.

Why is a parent’s consent required for the relocation of a minor child?

When a parent wishes to move with a child from South Africa to any other country, either permanently or temporarily, the consent of the other parent or approval from the court is required. This is to ensure that both parents have a say in decisions that affect the child’s life and to prevent one parent from unilaterally making decisions that might negatively impact the child’s relationship with the other parent. It’s essential to consult with a family law attorney or advocate in South Africa who can provide advice based on the specific circumstances of your case. Keep in mind that family law is subject to change, so it’s crucial to get the most up-to-date information from a legal professional familiar with the current laws in South Africa.

Below is an example of a High Court Application for the relocation of a minor child to the United States of America.

[caption id="attachment_11685" align="alignnone" width="670"]Relocation Notice of Motion High Court Adv Muhammad Abduroaf London Relocation Notice of Motion High Court[/caption] [caption id="attachment_11684" align="alignnone" width="700"]Relocation Notice of Motion High Court Adv Muhammad Abduroaf Germany Relocation Notice of Motion High Court[/caption] [caption id="attachment_11681" align="alignnone" width="698"]Relocation Notice of Motion High Court Adv Muhammad Abduroaf London Relocation Notice of Motion High Court[/caption] [caption id="attachment_11683" align="alignnone" width="696"]Relocation Notice of Motion High Court Adv Muhammad Abduroaf Berlin Relocation Notice of Motion High Court[/caption] [caption id="attachment_11682" align="alignnone" width="678"]Relocation Notice of Motion High Court Adv Muhammad Abduroaf Canada Relocation Notice of Motion High Court Adv Muhammad Abduroaf Canada[/caption]  

Require legal assistance with the relocation of your minor child?

Should you require legal assistance with the relocation of your minor child, feel free to contact us in this regard. [video width="1210" height="1712" mp4="https://www.ourlawyer.co.za/wp-content/uploads/Relocation-of-Minor-Children-High-Court-Consent-Application-Example.mp4"][/video]
Posted on by Telelaw

I want to relocate from South Africa with my minor child. The other parent does not want to consent. I need an example of a High Court Application where consent is not required.

In South Africa, the requirement for the consent of the other parent to relocate with a child is often rooted in the best interests of the child. Relocating a child can have significant implications for their relationship with both parents, as well as their overall well-being. If a parent has the parental responsibility of guardianship over a child, his or her consent is required should the minor child leave South Africa.

Why is a parent’s consent required for the relocation of a minor child?

When a parent wishes to move with a child from South Africa to any other country, either permanently or temporarily, the consent of the other parent or approval from the court is required. This is to ensure that both parents have a say in decisions that affect the child’s life and to prevent one parent from unilaterally making decisions that might negatively impact the child’s relationship with the other parent.

It’s essential to consult with a family law attorney or advocate in South Africa who can provide advice based on the specific circumstances of your case. Keep in mind that family law is subject to change, so it’s crucial to get the most up-to-date information from a legal professional familiar with the current laws in South Africa.

Below is an example of a High Court Application for the relocation of a minor child to the United States of America.

Relocation Notice of Motion High Court Adv Muhammad Abduroaf London
Relocation Notice of Motion High Court
Relocation Notice of Motion High Court Adv Muhammad Abduroaf Germany
Relocation Notice of Motion High Court
Relocation Notice of Motion High Court Adv Muhammad Abduroaf London
Relocation Notice of Motion High Court
Relocation Notice of Motion High Court Adv Muhammad Abduroaf Berlin
Relocation Notice of Motion High Court
Relocation Notice of Motion High Court Adv Muhammad Abduroaf Canada
Relocation Notice of Motion High Court Adv Muhammad Abduroaf Canada

 

Require legal assistance with the relocation of your minor child?

Should you require legal assistance with the relocation of your minor child, feel free to contact us in this regard.

Related Post

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.

Posted on by Telelaw

Can technology be used to have me divorced online? I do not want to go to court or see my spouse again. Is an online divorce possible?

When a marriage breaks down, people naturally would want information on the topic of divorces and the legal process. For this, they usually go online to find answers. This information they seek could include, how divorces works, the process and how long it takes. Of course, if there are minor children involved, parents would want to know what the parental rights and responsibilities are as well. This relates to issues of care, contact, child maintenance etc. Then there is the issue of proprietary rights. In other words who gets what assets or money if there is a joint estate. This article, however, deals with the issue regarding whether or not a couple’s divorce can be done online?

Two main aspects of a divorce process

Broadly speaking the divorce process can be divided into two processes. The first aspect relates to that of instituting the divorce proceedings and getting the matter to court. The second aspect relates to the actual divorce proceedings in court. As can be seen, further below, the divorce process is analogue. The only part of it that can be done online is getting the documentation in order, so that your lawyer may prepare the Summons, Particulars of Claim and so on. However, processing a divorce would entail physically issuing documents at court, serving the summons on the other spouse via the sheriff and attending to court on the date of the divorce. Once the documents have been issued and served, some legal processes thereafter can take place via email. However, physical copies of those documents still need to be filed at court. Therefore, a lot of walking still needs to take place.

The online aspect of the divorce

If you are making use of the services of a legal practitioner to attend to your divorce, you can provide him or her with instructions online. These instructions relate to the names and details of the spouses, the matrimonial property regime, reasons for the breakdown, details of the minor children if any and the assets of the parties if applicable and so on. The legal practitioner (advocate or attorney) would then draft the necessary documentation. He or she would then have to physically issue it at court.  Therefore, the only aspect of the divorce that can be done online as stated earlier is instructing your legal practitioner with the relevant information. [caption id="attachment_9218" align="alignleft" width="441"] Online Divorce – South Africa[/caption]

Things that must be done physically in a divorce process

Once you provided your legal practitioner with the relevant information either in person or online, the following needs to take place. Firstly, the legal practitioner after drafting the documentation would have to have them issued at court, obtain a case number, and then have it served on your spouse by the sheriff of the court. This would have to be done physically. It cannot be done online or via email unless the court authorises it via edictal citation or substituted service.

Physically attending to court to give evidence

We will presume for this example that your spouse will not oppose the divorce. If that is the case then your legal practitioner would physically have to draft and serve a notice of set down on the relevant court. After your legal practitioner ensured that the court file is in order, then either you or your spouse would physically have to appear before the judge or magistrates to provide evidence as to the details of the marriage and the reasons for the breakdown. If the court is so satisfied, that the marriage has broken down irretrievably, and the minor children’s best interest are looked after, a decree of divorce would be granted.

Is there such a thing as an online divorce in South Africa?

Considering the above, there is no such thing as an online divorce in South Africa. The only aspect that can be done online is providing your legal practitioner with the necessary details of your marriage, the children, property, and so on. Your legal practitioner would then use that information to prepare the necessary documentation. These documents would have to be issued at court and served on the other spouse. On the divorce day, one of the parties will still have to appear in court to give evidence. As can be seen above, the concept of an online divorce could be confusing. However, if you’re making use of illegal practitioners, who is tech-savvy, the only time you physically need to be available would be on the date of the divorce at court. All other times you can provide the legal practitioners with instructions telephonically, via email, video and so on.            
Posted on by Telelaw