Legal Questions and Answers South Africa Advocate Muhammad Abduroaf

Posted on 11 February 2025 by Telelaw

Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Kimberley.
Child Maintenance is the right of the child, and not that of the parent. It is also not a privilege granted to parents who must pay it. It is their duty to pay child maintenance and support their children. Once the child is self-supporting (being able to care for him or herself), the obligation falls away. This can happen when the child is 18, 20, or even 30. It all depends on the circumstances of the case.
Claiming child maintenance for your child in Kimberley
Whether you claim child maintenance in Kimberley, or any other city in South Africa, the procedures would be the same. There are however two (2) courts that can deal with child maintenance matters. That is a divorce court, in a divorce matter, and a Child Maintenance Court. For this article, we will focus on claiming maintenance in a Maintenance Court matter in Kimberley.
The maintenance scenario – Kimberley South Africa
In this article, we will deal with the following fictitious scenario, in a child maintenance matter:
The Child is seven years old and attends school in Kimberley
The child is cared for by the mother who works in Kimberley
The mother works and earns a Salary of R 10 000
The father sees the child every second weekend. He also lives and works in Kimberley
The child’s monthly expenses are R 6000 – 00 which includes food, clothing, accommodation, education, travel etc.
The father earns a reasonable salary and can afford the R 20 000 – 00 per month
The mother claims R 4 000 – 00 maintenance as the father earns double her salary
What is the first step the mother must take in claiming child maintenance?
The first thing the mother must do is work out exactly what the child costs by item. She breaks down the minor child’s living expenses, starting from rent or accommodation to groceries to school fees etc. Once she has done that, she would need to determine what exactly does the minor child cost per month, seeing that she will be asking the father to contribute towards that. As best as possible, she needs to collect proof of expenses. This can be in the form of receipts.
How does she start the legal process?
The mother now needs to approach the maintenance court in the area where she lives or works to lodge a complaint for child maintenance. If she lives or works in Kimberley, it would be the maintenance court in Kimberley. She will complete a Form A wherein she will provide all the expenses for her and the minor child. She would also have to stipulate her income. Once she completed the form and submitted it to the maintenance court, she must then follow the next step.
What do you do while waiting for the maintenance court date?
While you wait to be informed of the court date by the Maintenance Court of Kimberley, and up until the actual first court date, you need to ensure that you keep a record of all income and expenses for you and the child. This is very important as the court allocates maintenance based on recent income and expenses.
What happens at the first court appearance at the Kimberley Maintenance Court?
Once you have been notified of the maintenance court date by the Kimberley Maintenance Court, you need to ensure that you attend it. On that day, both you and the father of the child would appear before a maintenance officer. The maintenance officer would go through both your income and expenses as well as that of the father. If all the relevant information is not before the maintenance court, then the matter may be postponed in order for the parties to submit it.
The maintenance officer will try to settle the matter and have the parents come to an agreement regarding the amount of child maintenance to be paid. If they cannot come to an agreement regarding the child maintenance to be paid, the matter would have to proceed to a formal hearing or trial before a Magistrate.
How does the Maintenance Court hearing or trial work in Kimberley?
Essentially, the maintenance court is called upon to make a fair ruling regarding what is a fair amount of child support that needs to be paid. For that to happen, the parents would have to give evidence in that regard. The mother would present to the court what the child costs, what she contributes and what she requires the other parent to pay. The Father would have a right to question the mother and to present evidence as to why he cannot afford the amount requested or why he feels it is an unfair amount. The mother can they also question him.
At the end of the day, the Kimberley Maintenance Court would be able to properly determine what is a fair and adequate amount of child maintenance to pay after being presented will all relevant information. The Kimberley Maintenance Court should play an active role in determining what is a fair amount of child maintenance the father should pay.
The above child maintenance application principles 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, Kimberley, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester

Posted on 11 February 2025 by Telelaw

Passport Applications for minor children: What you need to know – Department of Home Affairs – Questions and Answers
Should you require any advice on an application for a passport of a minor, where the co-parent refuses to consent or co-operate; feel free to set up a consultation with us. You may call 0211110090 or click here to do it online.
Leaving South Africa, and visiting another country is something many people do on a daily basis. The reason, therefore, could either be for a holiday, business, a death in the family, and so on. Or it might be to relocate to another country to start a new life, either alone, or with your spouse or children. Whatever the reason is, you require a passport when leaving South Africa. For an adult, all you need to do is visit your nearest Department of Home Affairs Offices, with proof of identity, and the prescribed fees, and take your picture, fingerprints, etc. However, if you are a minor child, under the age of 18, it is not that simple. You would need to go with both your parents, and they need to provide their consent.

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

According to Section 18 (3) of the Children’s Act, both parent’s consent is required for a minor’s application for a passport. This is why we refer to consent and co-operation. Co-operation in the sense of going with to the Department of Home Affairs and giving the consent. Now, this can cause a problem should a parent not agree to the application for a passport. Therefore, one of two things could happen in practice should there be children involved. Either the parent would have to go overseas without the children, or not at all. Before we deal with such a scenario in detail, a bit later, let’s look at the law in a bit more detail.

A child’s Constitutional right to a Passport

Our Constitution, Act 108 of 1996 is the supreme law of the Country. All laws and practices should be in line with it. Therefore, it’s always a good idea to find out what it says. Section 21(4) of our Constitution states the following: “Every citizen has the right to a passport.” This is a fundamental right. The question would then be asked, if that is a fundamental right, why would you still require both parents’ consent as stated in the Children’s Act? A possible reason for the writers of the Children’s Act to state that you require both parents’ consent is to ensure that there is no undue removal of children from the Country. Both parents should, therefore, consent to the passport, which is a key to leaving South Africa.

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

Notwithstanding what section 18(3) of the Children’s Act states, section 18(5) of the same Act says that a Court can order otherwise. What this means is that if a parent does not want to consent for the Application of a passport, then the Court can Order that his or her consent is not required or dispensed with. For this, you would have to file an Application at the High Court and ask for such an Order. The powers the High Court would exercise is that of the upper guardian of all minor children within its jurisdiction. So, there it is, if consent is refused, you can approach a lawyer, who would make the necessary Application to the appropriate Court. Such an application can be expensive, especially if it is opposed. Therefore, it is best that it is avoided, by resolving issues with the other parent beforehand. But if the other parent is unreasonable, approach the Court.

What does the Department of Home Affairs say?

The following are extracts from the Department of Home Affairs’ Website: “You must also note that:

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

…

“Applying for Tourist Passports: Persons under 16 years

These passports are issued to SA citizens who are 15 years or younger. The passports are valid for 5 years and are not renewable. Once the validity period of a passport expires you will have to submit a new application for a passport. To apply for the passport you must submit the following documents:

A duly completed passport application Form DHA-73

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

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

In summary, on minor children application for a passport

Before moving onto question and answers on passport applications for minor children below. this article can be summarised as follows:

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

Popular relocation countries for South Africans

If you wish to emigrate from South Africa, there are many places in this world to consider. Some would be more ideal than others. But it all depends on the reason for the relocation. Here is a list of the top countries South Africans and emigrating to:

United Kingdom (UK)
Australia
United States of America (USA)
New Zealand
Canada
Angola
Botswana
Chile
Zimbabwe
Germany
Netherlands
Swaziland
Israel
Portugal
Mozambique
Ireland
Malawi
Switzerland
Namibia
Greece

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

If you still have questions after reading the article above, and the questions and answers below, feel free to leave a comment hereunder.

Can I get my child a passport without the father’s permission?

If the father is a guardian of the child, his consent is required. That is according to the Children’s Act.

Do you need both parents to get a passport for a child?

Yes. As the law currently stands, you need both parent’s consent.

Can a child get a passport with one parent?

No, you need both parents present when applying for a passport for a minor child.

What documents are needed to renew South African passports?

Visit the Department of Home Affairs Website. Here is the link.

Do both parents need to be present for a child to get a passport?

Yes, they do. Unless only one parent is a guardian.

What documents required for minor’s passport?

Visit the Department of Home Affairs Website. Here is the link.

Do both parents need to be present to get a passport for a child?

Yes, they do. That is the law.

Do you need both parents to get a passport for a 17-year-old?

As you are still a minor at the age of 17, you require both your parents to consent to your passport application. Bot parents should also be at the Department of Home Affairs when making the Application.

Can the noncustodial parent get a passport for the child?

Yes, if the parent is a guardian as well. If there is another parent too, both parents must give consent at the Department of Home Affairs.

How do you get full custody of your child?

You would have to approach the Court for such an Order. The Court would have to determine whether it is in the child’s best interests. We advise you speak to a lawyer.

Do you need both parents to get a passport for a 16-year-old?

As you are still a minor at the age of 16, you require both your parents to consent to your passport application. Both parents should also be at the Department of Home Affairs when making the Application.