Lawyer, attorneys, advocates in Cape Town

Below are searched phases regarding legal services in Cape Town, South Africa. We give a brief explanation.

Maintenance Lawyers in Cape Town

A maintenance Lawyer would assist you in obtaining child maintenance or maintenance for yourself.

Legal Cape Town

You would use this search term should you require legal advice or services in Cape Town

Family law consultation

This consultation would deal with various aspects of family law. This includes child maintenance, custody, domestic violence or divorce.

Legal lawyer

All lawyers deal with legal matters.

Affordable family law attorney

There are many affordable family law attorneys.

Legal aid help

Legal aid is for persons who cannot afford legal assistance.

Family law issues

This relates to various issues. I can be marital, custody or domestic violence.

Legal services

Various lawyers offers legal services.

Custody attorney

A child custody attorney would assist you in obtaining custody or visitation to your child

Legal aid for poor people

Legal Aid is there to assist people who cannot afford legal representation.

Family law advice

This relates to divorce, custody, and relationship issues.

Custody law

This relates to the rights of parents to their child.

Marriage lawyer

This lawyer would assist you in drafting an Antenuptial Contract and Divorcing parties.

Family law attorney dealing with child custody

This attorney would assist you with child custody issues.

Legal divorce

For a divorce to be legal, it needs to be done by a court of law.

Child custody and visitation

This relates to the right of parents and interested parties to have contact and care over a child.

Alimony lawyer

This lawyer assists spouses in receiving maintenance for themselves.

Child custody attorney

This attorney assists with child custody issues. This includes visitation.

Legal aid lawyers

These lawyers work for legal aid institutions.

Divorce attorneys in Cape Town

There are many divorce attorneys in Cape Town.

Paternity lawyer

This lawyer would assist should there be a dispute regarding paternity.

Labour lawyers Cape Town

There are many labour lawyers in Cape Town

Divorce without a lawyer

It is possible to divorce without a lawyer.

Legal aid family law lawyers

Legal aid does have famiily lawyers.

Legal aid assistance

This is where legal aid assists you.

Family law adoption

Adoption falls under family law. Speak to a family lawyer.

Family law attorneys

Theses attorneys deal with child custody, divorce and so on.

Legal services civil advocate

This would be an advocate who does not deal in criminal matters.

legal aid legal services corp

This would relate to a legal aid business.

Unbundled legal services

This would relate to unbundled legal services offered.

Maintenance court

Each magistarial area in Cape Town has a maintenance court.

Free lawyer services

Some lawyers offer free legal services.

Divorce child custody

Divorce and Child custody goes and in hand.

Separation lawyer

A lawyer who would assist you during separation.

Legal advice

A lawyer would provide this.

Family law mediation

This is an option where you do not want to go to court and have the matter resoved with the assistance of a third party. Usually a mediator.

Child visitation lawyers

A chid visitation lawyer would assit you in obtaining contact to your child.

Low cost family law attorney

There are attorneys who charge a lawyer cost.

Uncontested divorce lawyer

A divorce where both parties agree to it. The lawyer would assist.

Family law divorce lawyer

This would be a lawyer, attorney or advocate that deals with family and divorce matters.

Family law practice

This would be a legal practice, of either an attorney or advocate who specialises in Family Law.

Community legal services

These  are organisations that assists the public with legal issues.

Legal consultation

This would be a consultation with an attorney or advocate for legal advice

Family practice lawyer

An attorney or advocate specialising in family legal matters.

Custody issues

Child custody issues relate to matters of visitation, guardianship and so on.

Marriage attorney

A marriage attorney is one who deals with ante-nuptial contract, parenting plans, and divorces.

Legal offices

Legal offices are the places where lawyers work and consult from.

Lawyer consultation

Law consultations are consultations with lawyers for advice.

Family custody lawyers

Family custody lawyers assists parents with their parental rights.

Attorneys cape town

There are many attorneys in Cape Town

Fathers custody rights

A father’s custody rights may differ if he was married to the mother or not as well as his involvement in the child’s life.

Custody lawyers

Custody lawyers assists parents with their custody rights.

Child custody lawyers

Child Custody lawyers assists parents with their custody rights.

Legal advice service

Various, if not all lawyers provide a legal advice service.

Maintenance court cape town

Cape Town has a maintenance court.

Law lawyers

All lawyers deal with law.

Fathers rights child custody

A father’s right to child custody depends on whether he was married to the child’s mother. It also depends on his involvement in the child’s life.

Divorce advocate

A divorce advocate specialises in divorce matters.

Family law

The branch of law dealing with family issues. For example, marriage, divorce, child custody and maintenance.

Legal help

Legal assistance.

Divorce cape town

Many divorces take place in Cape Town

Legal advisory

A legal advisory is a place that advices on legal matters.

Domestic lawyer

This would be a local lawyer.

Child custody for fathers

This would apply if there are issues regarding custody for fathers in relation to they children.

Family court lawyer

A family court lawyer is a lawyer who represents clients in the family court.

Legal aid lawyer services

Lawyers that assist you working for the legal aid.

Family law legal aid

Legal aid that assists in family law matters.

Our lawyer

This would refer to Our Lawyer (Pty) Ltd.

Child maintenance

This relates to support for children by parents.

Family law lawyers

There are many family law lawyers in Cape Town.

low income lawyers

legal aid legal aid

legal help page

relocation consent with minor child

lawyers in cape town

free legal aid family law

legal aid attorney

family law child custody

labour lawyers

legal services

divorce and family law practice

free service lawyer for family court in

pro bono health care legal aid

free attorney advice

reduced fee employment legal aid

asian legal assistance

legal services network

reduced fee family law assistance

pro bono family law

legal aid advice

free legal services

Affordable attorney

There are many affordable attorneys in Cape Town.

Family law referral services

Family law services where they refer you to a specific lawyer.

Legal aid child support attorney

This would be an attorney work works for legal aid assisting parents with child support.

Reduced fee domestic violence legal aid

Some lawyers may reduce their fees for domestic violence matters.

Pro bono domestic violence legal aid

These would be lawyers who assist for free on domestic violence matters.

Free family attorney

There are certain attorneys who do not charge for certain services.

Pro bono employment legal aid

Legal aid assists people who cannot afford a lawyer.

Free lawyer consultation

You would find lawyers offering free first time consultations.

Pro bono family law services

Some lawyer offers free family law services.

Pro bono representation

Probono relates to free legal assistance.

Employment legal services

This is a lawyer who assists in employment matters.

Pro bono civil lawyers

Lawyers who do not charge for civil matters.

Family law services

This relatest to child custody, divorce, relocation, and so on.

Reduced fee health care legal aid

This would relate to a lawyer offering free health care legal advice.

Free lawyer advice

Some lawyers offer free advice.

Pro bono family law lawyers in Cape Town

This would relate to a lawyer operating in Cape Town offering free family law assistance.

Pro bono insurance law assistance

This is where a lawyer assist you for free fro insurance matters.

Pro bono attorneys for child support

Some attorneys would not charge you for child support claims.

Lawyer aid service

This would be where a lawyer assist you for free.

Free family law assistance

This is where you receive free family law assistance.

Free family law services

Some organisations offer free legal services in the field of family law.

Corporate legal advice service

This relates to companies and businesses. For example, issues relating to contracts, or labour issues.

Legal services of lawyers

This relatest to the legal services lawyers offer.

Reduced fee family law services

Some law firms offer reduced fees for family law matters.

Legal Aid legal services

This is where legal advice would assist you with a legal matter.

Pro bono family law assistance

Some lawyers offer free legal family law assistance.

Law firms in Cape Town

There are many law firms in Cape Town dealing with a variety of matters.

Lawyer, attorneys, advocates in Cape Town

Below are searched phases regarding legal services in Cape Town, South Africa. We give a brief explanation.

Maintenance Lawyers in Cape Town

A maintenance Lawyer would assist you in obtaining child maintenance or maintenance for yourself.

Legal Cape Town

You would use this search term should you require legal advice or services in Cape Town

Family law consultation

This consultation would deal with various aspects of family law. This includes child maintenance, custody, domestic violence or divorce.

Legal lawyer

All lawyers deal with legal matters.

Affordable family law attorney

There are many affordable family law attorneys.

Legal aid help

Legal aid is for persons who cannot afford legal assistance.

Family law issues

This relates to various issues. I can be marital, custody or domestic violence.

Legal services

Various lawyers offers legal services.

Custody attorney

A child custody attorney would assist you in obtaining custody or visitation to your child

Legal aid for poor people

Legal Aid is there to assist people who cannot afford legal representation.

Family law advice

This relates to divorce, custody, and relationship issues.

Custody law

This relates to the rights of parents to their child.

Marriage lawyer

This lawyer would assist you in drafting an Antenuptial Contract and Divorcing parties.

Family law attorney dealing with child custody

This attorney would assist you with child custody issues.

Legal divorce

For a divorce to be legal, it needs to be done by a court of law.

Child custody and visitation

This relates to the right of parents and interested parties to have contact and care over a child.

Alimony lawyer

This lawyer assists spouses in receiving maintenance for themselves.

Child custody attorney

This attorney assists with child custody issues. This includes visitation.

Legal aid lawyers

These lawyers work for legal aid institutions.

Divorce attorneys in Cape Town

There are many divorce attorneys in Cape Town.

Paternity lawyer

This lawyer would assist should there be a dispute regarding paternity.

Labour lawyers Cape Town

There are many labour lawyers in Cape Town

Divorce without a lawyer

It is possible to divorce without a lawyer.

Legal aid family law lawyers

Legal aid does have famiily lawyers.

Legal aid assistance

This is where legal aid assists you.

Family law adoption

Adoption falls under family law. Speak to a family lawyer.

Family law attorneys

Theses attorneys deal with child custody, divorce and so on.

Legal services civil advocate

This would be an advocate who does not deal in criminal matters.

legal aid legal services corp

This would relate to a legal aid business.

Unbundled legal services

This would relate to unbundled legal services offered.

Maintenance court

Each magistarial area in Cape Town has a maintenance court.

Free lawyer services

Some lawyers offer free legal services.

Divorce child custody

Divorce and Child custody goes and in hand.

Separation lawyer

A lawyer who would assist you during separation.

Legal advice

A lawyer would provide this.

Family law mediation

This is an option where you do not want to go to court and have the matter resoved with the assistance of a third party. Usually a mediator.

Child visitation lawyers

A chid visitation lawyer would assit you in obtaining contact to your child.

Low cost family law attorney

There are attorneys who charge a lawyer cost.

Uncontested divorce lawyer

A divorce where both parties agree to it. The lawyer would assist.

Family law divorce lawyer

This would be a lawyer, attorney or advocate that deals with family and divorce matters.

Family law practice

This would be a legal practice, of either an attorney or advocate who specialises in Family Law.

Community legal services

These  are organisations that assists the public with legal issues.

Legal consultation

This would be a consultation with an attorney or advocate for legal advice

Family practice lawyer

An attorney or advocate specialising in family legal matters.

Custody issues

Child custody issues relate to matters of visitation, guardianship and so on.

Marriage attorney

A marriage attorney is one who deals with ante-nuptial contract, parenting plans, and divorces.

Legal offices

Legal offices are the places where lawyers work and consult from.

Lawyer consultation

Law consultations are consultations with lawyers for advice.

Family custody lawyers

Family custody lawyers assists parents with their parental rights.

Attorneys cape town

There are many attorneys in Cape Town

Fathers custody rights

A father’s custody rights may differ if he was married to the mother or not as well as his involvement in the child’s life.

Custody lawyers

Custody lawyers assists parents with their custody rights.

Child custody lawyers

Child Custody lawyers assists parents with their custody rights.

Legal advice service

Various, if not all lawyers provide a legal advice service.

Maintenance court cape town

Cape Town has a maintenance court.

Law lawyers

All lawyers deal with law.

Fathers rights child custody

A father’s right to child custody depends on whether he was married to the child’s mother. It also depends on his involvement in the child’s life.

Divorce advocate

A divorce advocate specialises in divorce matters.

Family law

The branch of law dealing with family issues. For example, marriage, divorce, child custody and maintenance.

Legal help

Legal assistance.

Divorce cape town

Many divorces take place in Cape Town

Legal advisory

A legal advisory is a place that advices on legal matters.

Domestic lawyer

This would be a local lawyer.

Child custody for fathers

This would apply if there are issues regarding custody for fathers in relation to they children.

Family court lawyer

A family court lawyer is a lawyer who represents clients in the family court.

Legal aid lawyer services

Lawyers that assist you working for the legal aid.

Family law legal aid

Legal aid that assists in family law matters.

Our lawyer

This would refer to Our Lawyer (Pty) Ltd.

Child maintenance

This relates to support for children by parents.

Family law lawyers

There are many family law lawyers in Cape Town.

low income lawyers

legal aid legal aid

legal help page

relocation consent with minor child

lawyers in cape town

free legal aid family law

legal aid attorney

family law child custody

labour lawyers

legal services

divorce and family law practice

free service lawyer for family court in

pro bono health care legal aid

free attorney advice

reduced fee employment legal aid

asian legal assistance

legal services network

reduced fee family law assistance

pro bono family law

legal aid advice

free legal services

Affordable attorney

There are many affordable attorneys in Cape Town.

Family law referral services

Family law services where they refer you to a specific lawyer.

Legal aid child support attorney

This would be an attorney work works for legal aid assisting parents with child support.

Reduced fee domestic violence legal aid

Some lawyers may reduce their fees for domestic violence matters.

Pro bono domestic violence legal aid

These would be lawyers who assist for free on domestic violence matters.

Free family attorney

There are certain attorneys who do not charge for certain services.

Pro bono employment legal aid

Legal aid assists people who cannot afford a lawyer.

Free lawyer consultation

You would find lawyers offering free first time consultations.

Pro bono family law services

Some lawyer offers free family law services.

Pro bono representation

Probono relates to free legal assistance.

Employment legal services

This is a lawyer who assists in employment matters.

Pro bono civil lawyers

Lawyers who do not charge for civil matters.

Family law services

This relatest to child custody, divorce, relocation, and so on.

Reduced fee health care legal aid

This would relate to a lawyer offering free health care legal advice.

Free lawyer advice

Some lawyers offer free advice.

Pro bono family law lawyers in Cape Town

This would relate to a lawyer operating in Cape Town offering free family law assistance.

Pro bono insurance law assistance

This is where a lawyer assist you for free fro insurance matters.

Pro bono attorneys for child support

Some attorneys would not charge you for child support claims.

Lawyer aid service

This would be where a lawyer assist you for free.

Free family law assistance

This is where you receive free family law assistance.

Free family law services

Some organisations offer free legal services in the field of family law.

Corporate legal advice service

This relates to companies and businesses. For example, issues relating to contracts, or labour issues.

Legal services of lawyers

This relatest to the legal services lawyers offer.

Reduced fee family law services

Some law firms offer reduced fees for family law matters.

Legal Aid legal services

This is where legal advice would assist you with a legal matter.

Pro bono family law assistance

Some lawyers offer free legal family law assistance.

Law firms in Cape Town

There are many law firms in Cape Town dealing with a variety of matters.

Related Post

Relocation with my minor child to China, Shenzhen (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 Shenzhen, China

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 Zwelitsha or Durban, South Africa, and you want to relocate to Shenzhen, China, 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 Shenzhen, China?

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

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

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 Shenzhen, China, 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 Shenzhen, China. 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 Shenzhen, China, 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 Shenzhen, China?

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

If you require legal assistance or representation with relocating to Shenzhen, China 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.

Family Law Service – Advocate Muhammad Abduroaf – Finding the best lawyer for you.

Choosing the right law firm (Attorney or Advocate) can be a daunting task in the intricate landscape of legal matters. Whether you’re facing a complex litigation case, navigating corporate law, or seeking legal assistance for personal issues, the decision of which law firm to engage is crucial. At the firm Advocate Muhammad Abduroaf, we understand the significance of this decision, and we aim to demonstrate why choosing our firm can make all the difference.

Expertise and Specialisation

One of the primary reasons for choosing our law firm is our expertise and specialisation in diverse legal areas. As you can see from this website, advocate Muhammad Abduroaf practices in various fields of law. This breadth of expertise ensures that no matter the nature of your legal issue, you will have access to knowledgeable and experienced professionals who can provide tailored solutions.

Personalised Approach

We recognise that every client and every case is unique. That’s why we prioritise a personalised approach to legal representation. From the moment you engage our services, we take the time to understand your specific needs, concerns, and objectives. This allows us to develop strategies and solutions customised to your circumstances, ensuring the best possible outcome for your case.

Commitment to Excellence

At Advocate Muhammad Abduroaf, excellence is not just a goal – it’s our standard. We are committed to providing our clients with the highest quality legal services, characterized by thorough research, meticulous attention to detail, and strategic thinking. Our track record of success speaks for itself, with numerous satisfied clients who have benefited from our dedication to excellence.

Responsive and Accessible

Legal matters can be stressful and overwhelming, so we prioritise responsiveness and accessibility. Our team is readily available to address your questions, concerns, and needs throughout your case. Whether you prefer to communicate via phone, WhatsApp, email, or in-person meetings, we are here to provide you with the support and guidance you need when you need it.

Cost-Effective Solutions

Legal representation shouldn’t break the bank. That’s why we are committed to providing cost-effective solutions that deliver value for our clients. We offer transparent billing practices and strive to minimise unnecessary expenses wherever possible, ensuring you receive top-notch legal services without the hefty price tag.

Ethical and Professional Conduct

Integrity and ethics are at the core of everything we do. Our team adheres to the highest standards of professional conduct, ensuring your case is handled with the utmost integrity, honesty, and discretion. You can trust that your legal matters will be handled with care and respect, and your confidentiality will always be protected. In conclusion, choosing the right law firm can significantly impact the outcome of your legal matters. At Advocate Muhammad Abduroaf, we offer expertise, specialisation, personalised service, commitment to excellence, responsiveness, cost-effective solutions, and ethical conduct. These qualities set us apart and make us the ideal choice for clients seeking top-notch legal representation. Contact us today to learn how we can assist you with your legal needs. 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]
We service clients throughout South Africa. These include: Cape Town Rustenburg Kimberley East London Nelspruit Polokwane Pietermaritzburg Bloemfontein Port Elizabeth Pretoria Durban Johannesburg

[caption id="attachment_10806" align="alignnone" width="707"]Relocation consent for minor child to Netherlands - Advocate Muhammad Abduroaf Relocation consent for minor child to the Netherlands – Advocate Muhammad Abduroaf[/caption]

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

The Netherlands 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 Netherlands, if a minor child will be joining that parent and also relocating to the Netherlands, 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 Netherlands. Before we do so, let us list the various cities and towns in the Netherlands to which you may want to relocate:

Drenthe (province), Meppel, Flevoland (province), Lelystad, Friesland (province), Leeuwarden, Sneek, Gelderland (province), Nijmegen, Renkum, Rheden, Tiel, Zutphen, Groningen (province), Groningen, Limburg (province), Kerkrade, Maastricht, Roermond, Sittard, Tegelen, Venlo, Noord-Brabant (province), Oss, Roosendaal, ’s-Hertogenbosch, Tilburg, Noord-Holland (province), the Netherlands, Den Helder, Marken, Velsen, Volendam, Zaanstad, Overijssel (province), Kampen, Zwolle, Utrecht (province), Soest, Utrecht, Zeist, Zeeland (province), Middelburg, Vlissingen, Zuid-Holland (province), The Hague, Scheveningen, Katwijk, Leiden, Lisse, Rijswijk, Rotterdam, Schiedam, Vlaardingen, Zoetermeer, Caribbean Netherlands (special municipalities), Bonaire (special municipality), Saba (special municipality), Sint Eustatius (special municipality), Aruba (unitary state), Oranjestad, San Nicolas, Curaçao (unitary state), Willemstad, Sint Maarten (unitary state)

(https://www.britannica.com/topic/list-of-cities-and-towns-in-the-Netherlands-2055398)

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

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 Netherlands. 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 Netherlands. Even if the minor child only wants to go for a short holiday to the Netherlands, 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 Netherlands?

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 Netherlands. 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 Netherlands.

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

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 Netherlands, 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 Netherlands

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 Netherlands. 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 Netherlands.

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

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 Netherlands?

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 Netherlands, 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 Netherlands, then the Court will make an Order similar to that which is shown below. [caption id="attachment_10805" align="alignnone" width="715"]Relocation consent for minor child to Netherlands - Advocate Muhammad Abduroaf Relocation consent Order for minor child to the Netherlands – Advocate Muhammad Abduroaf[/caption] [caption id="attachment_10806" align="alignnone" width="694"]Relocation consent for minor child to Netherlands - Advocate Muhammad Abduroaf Relocation consent Order for minor child to the Netherlands – Advocate Muhammad Abduroaf[/caption]  

Do you require a video legal advice consultation?

Click here and schedule one today!