Relocation with my minor child to the United States of America, New York (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.

Relocation of your minor child to New York, the United States of America

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 child 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 Cape Town or Johannesburg, and you want to relocate to Miami or New York, the United States of America, 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 does not agree to the relocation.

What about Passport Consent to travel or relocate to New York, the United States of America?

The same applies when it comes to your minor child applying for a South African passport to relocate to the United States of America, or any country. Both parents who have parental responsibilities and rights of guardianship will have to consent to the minor child’s passport application. In this regard, both parents have to be at the Department of Home Affairs when making the Application with the minor child. This can be challenging if you have a disinterested parent who does not want to co-operate with the passport application.

What are the steps to follow when I want to relocate to New York, the United States of America with my minor child?

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.

What can I do if the other parent does not want to consent to the minor child’s relocation to the United States of America?

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 New York, the United States of America, 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 New York, the United States of America. 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, the Court would make it possible despite the issue of consent.

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 New York, the United States of America?

If the other parent does not want to consent to the passport application and/or the relocation of the minor child to New York, the United States of America – 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 New York, the United States of America, then the attorney or advocate will proceed to take the matter to court. The legal route can be expensive. However, it is necessarily to make the relocation of the minor child possible.