Relocation consent for minor child to Germany – Adv Muhammad Abduroaf

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Relocation consent for minor child to Germany – Adv Muhammad Abduroaf

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Parental Rights of Divorced Muslim parents who were only married in terms of Muslim Rights (Updated)

When Muslim parents divorce, either via a Talak or Faskh, there remains the unresolved issue of their respective parental rights and responsibilities to their children. In other words, with whom should the child reside, and what type of visitation rights should the other parent have? Then there is the issue of child maintenance, parental guardianship consent and so on. Parents married in terms of South African civil law have the advantage of having the civil divorce court deal with the issue of access (contact) and custody (care). The civil divorce court is obliged to do this before pronouncing a final decree of divorce. This is however not the case of a Talak or Faskh. As you would see later, we suggest that Muslim divorced parents enter into a parenting plan.

Divorced Muslim Fathers’ parental rights

Muslim fathers, who were married in terms of Muslim Rites, have just as many rights as the mothers, to their children. This is so notwithstanding them having been married in terms of Islamic Rights only (and not civilly). From a South African Legal perspective, they are both co-holders of parental responsibilities and rights with regard to their minor children. What often happens is that one parent refuses the other reasonable contact to the child after the divorce. Or he or she may take the stance that he or she is the sole decider as to where and when the other parent may have contact with the children. This is not lawful and clearly not in the children’s best interests. The end result is, for example, the father takes the mother to the High Court, or the Children’s Court and the Judge or Magistrate confirms the father’s rights which he had all along. This can turn out to be very expensive, and draining on the children and parents alike. Attorneys and Advocates may be used and simple issues get battled out in the public domain. A more responsible approach needs to be followed which is suggested next.

What should Muslim parents do after they separated?

Should parents who were married in terms of Muslim Rites and have a child or children together, separate, it is suggested that they, as soon as possible, try to agree on a parenting plan and have it registered with the Office of the Family Advocate or have it made an Order of Court. This option became available since 1 April 2010 with the coming into effect of section 33 of the Children’s Act 38 of 2005. If a parent refuses to try to agree on a parenting plan, the Court needs to be approached if issues cannot be resolved. This situation is best to be avoided. The parenting plan would be a document which the parents themselves decided upon and not dictated to them by the Court. Of course, the parenting plan has to be in the child or children’s best interests. By parents following the parenting plan route, they would keep their personal issues out of the realm of the Court and concentrate on being the best parents they can be for their children. This is so, notwithstanding their relationship with each other has severed.

Drafting a Parenting Plan

A well-drafted parenting plan would provide for issues, starting from the date of its drafting, until the children are adults. Suppose the children are toddlers when the parents separated; the parenting plan would need to deal with issues that could arise when it comes to schooling, extramural activities and issues of consent for a passport and so on. As the child gets older, he or she may want to spend more time with the other parent. This needs to be dealt with in the parenting plan, if applicable. The parenting plan can also make reference to a parenting facilitator or coordinator to assist the parents in resolving disputes in the future.

Who can assist you with a parenting plan?

Social workers, psychologists and family mediators are well suited to assist parents with parenting plans. Other suitably qualified persons would be attorneys and advocates. If the person has the necessary training and experience to assist you, we advise that you make use of him or her to assist you in obtaining a parenting plan. 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. Should you require business advice or services, feel free to click on these links: Business SA | Private Legal | Envirolaws    
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Updated: 16 April 2020

New regulations have been issued on 16 April 2020. Click on the link below: The material change is that you do not have to have a court order or a parental responsibilities and rights agreement or parenting plan, registered with the family advocate. Possession of a birth certificate or certified copy of a birth certificate is now also allowed.

Update: 07 April 2020

NEW LOCKDOWN REGULATIONS REGARDING THE MOVEMENT OF CHILDREN – CERTAIN PARENTS MAY MOVE CHILDREN DURING THE NATIONAL LOCKDOWN PERIOD (7 April 2020)

“The child must remain in the custody of the parent with whom the child was with, when lockdown period started” – Directive 6(m)(ii) in terms of the Regulations [30 March 2020]

South Africa is in a state of a national lockdown. Our borders are closed, the economy is standing still or barely moving. There are troops on the ground and police on high alert. The doors of businesses are closed and people are to remain at home. All these measures are in place to limit the spread of COVID-19 or the Coronavirus. This is an important and necessary measure implemented by the State to flatten the curve. The South Africa, we are living in today is far different than the one we lived in 10 days ago. Not many people saw it coming.
“Continue paying your child support or child maintenance.”

Co-parenting during the National Lockdown Period

Before the commencement of the National Lockdown period, there was uncertainty about how the National Lockdown would affect co-parenting. And rightfully so. Parents had to consider the possibility of no movement of children during the national lockdown period. Not only for their safety and risking infection but for their children as well. What would then happen? Did it mean that the child would have to remain with one parent during the entire lockdown period? Or may they move the children around? This issue was resolved by the government and we wish to bring it to your attention.

What does the regulation or law say?

In summary, and in layman terms, children are not to be moved between parents during the lockdown period. Have a look at the recent regulations. The regulations in place brought about serious challenges for all. Firstly, what if the parent who is not the primary caregiver, and not capable of caring for the children for extended periods had the children during the start of the lockdown? This parent-only knows how to care for the children for a few days at a time – not at all for 21 days. What if the conditions at his or her home are not the same as the primary home of the children? For example, in the primary home, the children have their room to share, and a bigger place to play, etc. All their clothes are there, also their schoolwork and extramural equipment. This is not the case at the home they are at during the lockdown period. Stepsiblings may also be living with them. The example above is a mellow one, but there are far more serious real examples out there. What if the child is prone to fall ill, and everything he or she needs is at the primary home? The list goes on.

Parents abusing the lockdown situation

Then there is the issue of abusing the National lockdown situation. If a parent refused to return the minor child before the lockdown, then that situation would remain. The primary caregiver would then have to wait 21 days before he or she can physically see the minor child. This is the sad reality of the situation. Should you wish to approach the court for urgent relief, you would have to have very strong and compelling reasons why the child should be removed despite the regulations in place.

What to do 8 days later?

Now that we passed the first week of lockdown, many parents never saw their children for the entire period. Many of those parents may prefer that there be a change in caring arrangements where the other parent can now care for the children for another week. Or a parent may want to only see the children for a few hours. Unless the government changes the regulations, that would not be possible.

What advice do we have for parents during the remainder lockdown period?

Parents should work together to ensure that the child’s best interests are upheld during the lockdown period. Telephone calls, WhatsApp messages, and video calls, to mention a few should constantly be used, if possible, between parents and children. We also remind parents to continue paying child maintenance and child support during this lockdown period.

Final advice during the lockdown period

Our final advice to all parents is to remain patient during these challenging times. The entire country is in lockdown and many other nations as well. Everyone is, therefore, going through challenges. Businesses are suffering, and people do not know if they would have an income after the lockdown period. If all goes well, and there is no reason to doubt that it would, at the end of the 21-days of lockdown, things would better. We, therefore, should all respect the government’s decision. Should the situation change during the lockdown period, Our Lawyer (Pty) Ltd would update its website accordingly. If you require legal advice, our online appointment portal is still running. All appointments are done telephonically or via video. We make use of WhatsApp Video, FaceTime, Zoom, and Skype. Stay home and stay safe.

Update: 07 April 2020

NEW LOCKDOWN REGULATIONS REGARDING THE MOVEMENT OF CHILDREN – CERTAIN PARENTS MAY MOVE CHILDREN DURING THE NATIONAL LOCKDOWN PERIOD (7 April 2020) 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. Should you require business advice or services, feel free to click on these links: Business SA | Private Legal | Envirolaws  
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Tax and UIF Frequently Asked Questions

Do you have question regarding Tax and UIF? Feel free to post your questions below. What follows are samples questions that you might have in relation to your tax and UIF affairs.

Can you file your taxes on your own? How do I get a tax number from SARS? How can I prepare my tax return? How do you know what your tax return will be? How do you do your taxes for free? Can I file my taxes online? Is it safe to do your taxes online? Where can you get tax forms? What you need to do your taxes? How long does it take for you to do your taxes? How do you pay income tax if you are self employed? What is a person who does taxes called? How do I get a tax number from SARS? How can I prepare my tax return? How do you know what your tax return will be? How much should I earn to submit a tax return? Is SARS open on weekends? How much do you need to earn to pay tax in South Africa? What do you need to take to SARS? What does the tax number look like? What is a tax number? How do I register for e-filing? What is the use of SARS E-filing? What is the tax reference number? How many numbers are in a tax number? Is SARS call Centre number toll free? What is meant by provisional tax? How do you know what your tax return will be? How long will it take me to do my taxes? What you can claim on your taxes? What are the documents required to file income tax return? Can you file your taxes on your own? How do I get a tax number from SARS? How can I prepare my tax return? How do you know what your tax return will be? What is your taxable income? How do you calculate tax? How long does it take to get your tax refund? How do you figure out your taxable income? How do I get my tax return? How does a tax right off work? What is the income tax percentage? What is an income tax refund? How much is tax on income? What is the income tax? What are the tax rates for 2018? How do you calculate the tax rate? How much is tax when you buy something? What percentage of your income goes to taxes? How do you figure out the tax on a total? How much does the average South African pay in taxes every year? How much is the tax on food? How do you figure out property tax? How do you take taxes out of your paycheck? How do you do a 20% tip? How do I collect my tax return? What is the difference between a tax return and a tax refund? How do you owe taxes? Can I get tax refund in South Africa? How can I get a copy of my taxes? Do you get your money back from taxes? How far can you go back on your taxes? What is the meaning of income tax refund? How do you know what your tax return will be? How do you file your tax return? How much tax do you pay if you earn R10000 a month? How much does it cost to file taxes with SARS? How do you calculate tax? What is your taxable income? Can I file my 2015 taxes in 2018? Does SARS owe me money? Why do you get a tax refund? How long does it take to get your tax refund? What is it called when you get your tax money back? How many years do you have to file a tax return? How long does it take to get your tax refund in the bank? How long does it take to get your tax refund direct deposit? What is the tax return? What is the estimated tax payment? What is the meaning of tax threshold? What is a SARS tax return? How many days will take for SARS to refund? What is a payroll withholding tax? How do we calculate taxable income? How much money do you have to make before you have to pay taxes? Can you go to jail for not filing a tax return? How long can you go without filing a tax return? What happens if you forget to file taxes? How far can SARS go back on unfiled tax returns? How do I get my tax return? How does a tax refund work? How do you do tax deductions? How can I get a copy of my taxes? How do you know what tax bracket you re in? How do you calculate the tax rate? How do you calculate tax? What is your taxable income? What is taxable income and how is it determined? What is not taxable income? What is an example of an income? Is taxable income and net income the same thing? How salary is taxed in South Africa? What is the taxable income on the income statement? How do you calculate UIF? How much should I earn to submit a tax return? How much tax do you pay for PAYE? How do I calculate my hourly rate from my salary in South Africa? How much do you need to earn before paying tax? How much salary we have to pay income tax? When you have to pay tax? How long does it take to get your UIF money? How much money do you have to make before you have to pay taxes? What is the current tax year in South Africa? What percentage of salary is UIF? How do you figure out your taxable income? What is the maximum amount that can be deducted for UIF? How much money do you get from unemployment? How do you calculate your unemployment benefits? Can you get UIF if you resign? How do you know how much you will get for unemployment? How much does UIF pay out on maternity leave? What do I need to apply for UIF? How do you register as a work seeker? How long after retrenchment can I claim UIF? Can you claim unemployment if you abscond? Can you claim UIF if you go on pension? How do I pay UIF for my domestic worker? When can you claim UIF in South Africa? How do you figure out your severance pay? What is a reasonable severance package? How do you calculate severance package? How do they calculate severance pay? How much tax is deducted from severance pay? How much do you get in a severance package? How is a lump sum severance payment taxed? How is a severance package paid out? Can you negotiate a severance agreement? What do you get in a severance package? Are severance payments taxable income? When an employee is terminated? Is a severance package required by law? What is the statutory redundancy pay? Do you get a severance package if you get laid off? What is a tax preparer called? What you need to do your taxes? How do you pay income tax if you are self employed? How do you benefit from the taxes you pay? What is a tax return? Can you file your taxes online? How do u start your own tax service business? Can you use an auditor to file for previous years of tax?

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