Top and Best Attorney or Trust Account Advocate Advice – Cape Town, South Africa

Top and the best advocate or attorney for your family law legal matters

When it comes to Family Law, it is of paramount importance that you use the best trust account advocate or attorney for your legal matter. Not necessarily the most expensive or most experienced. It, therefore, does not have to be the top lawyer or well-known advocate in the field. However, the trust account advocate or attorney must be someone you can work with and who is willing to fight for you.

This applies whether you are dealing with a child maintenance matter or a relocation consent application. It is even more critical if you are dealing with a sensitive matter involving parental alienation. If you cannot work with your attorney or trust account advocate, the results will not be as best as they could have been. Even worse, your case may be doomed if the attorney or trust account advocate is unwilling to fight smartly for you. This is sad because, in most family law matters, the subject is the minor child.

A scenario on what Trust Account Advocate or attorney to choose

The best way to illustrate the above is by way of an example. As stated, the best or top lawyer is not what you should look at in all circumstances. The attorney or trust account advocate must be willing to fight for you. It goes without saying that a highly experienced attorney or trust account advocate is needed under certain circumstances. But not always. Consider your budget and whether you can fuel litigation until the end.

Child Relocation matter – Top Tip

Let us use a child relocation matter as an example. Suppose you are the child’s mother and want to relocate to the United States of America. Your child is 15 years old, and because she is a minor, you require the biological father’s consent because he has parental responsibilities and rights of the minor child. The biological father however does not want to consent to the relocation, and his reason is that he would not see the child as often as he would. Indeed, he would not see the child as often as he would have. However, that is only one aspect of the case. One also needs to look at the benefits the relocation of the minor child to the United States of America would have him or her. Another consideration is whether or not the father can care for the minor child as well as the mother can. Each case is different.

How to choose the best possible attorney or trust account advocate in the above scenario?

Let us apply some common sense principles in finding the best attorney or trust account advocate for you should the above scenario apply. Seeing that the father of the biological child does not want to consent to the relocation of the minor child, you have no alternative but to approach the Court. The High Court, the upper guardian of all minor children, has the authority to dispense with the requirement of the father’s consent. In essence, what this means is that this consent is no longer required.

The best interest of the minor child’s principle – Best you follow it

The Court will only make such an order if it is convinced it would be in the minor child’s best interest. If it is not in the minor child’s best interest for the relocation to take place and then in that regard, the Court would not make such an order. You, as the parent, would, of course, be allowed to relocate to the United States of America; however, you would not be allowed to take the minor child with you. Another aspect is to consider is if the mother does relocate to the United States of America, is it possible for the father to adequately care for the minor child? Most times, he would be able to. But not always.

What happens if you do not make use of the best advocate of attorney for your case – Top problem

Now that we understand the legal principle applicable, it is important that when seeking an attorney or trust account advocate, they can work with you to obtain the best results possible. In other words, if you and the attorney or trust account advocate cannot see eye to eye on what results are required and how to get them, then you would be wasting your money. For example, suppose you use an attorney or trust account advocate who is pro-father only  (as opposed to pro-equal rights) and not on the same page as you regarding the desired outcome. Then, in that case, it is improbable that the desired outcome would be reached. The attorney or trust account advocate would not fight for you the way they should. This is so even if the attorney or trust account advocate is the best in other aspects of family law—for example, child maintenance.

Last words on finding the top and best attorney or trust account advocate for you – Best and Top advice

There is no one-size-fits-all when seeking the top and best attorney or trust account advocate for your case. As clients differ, so do attorneys or trust account advocates. However, getting along well with your attorney or trust account advocate is essential, and that would ensure the best results. Professionalism is one then, but incompatibility is another. Best of luck finding the best attorney or trust account advocate for your legal matter. Reminder, don’t look for the best only. Look for an attorney or trust account advocate willing to fight for you.

Advocate Muhammad Abduroaf - Trust Account Advocate - Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf – Trust Account Advocate – Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf - Trust Account Advocate - Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf – Trust Account Advocate – Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf - Trust Account Advocate - Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf – Trust Account Advocate – Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf - Trust Account Advocate - Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf – Trust Account Advocate – Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf - Trust Account Advocate - Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf – Trust Account Advocate – Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf - Trust Account Advocate - Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf – Trust Account Advocate – Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf - Trust Account Advocate - Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf – Trust Account Advocate – Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf - Trust Account Advocate - Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf – Trust Account Advocate – Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf - Trust Account Advocate - Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf – Trust Account Advocate – Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf - Trust Account Advocate - Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf – Trust Account Advocate – Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf - Trust Account Advocate - Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf – Trust Account Advocate – Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf - Trust Account Advocate - Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf – Trust Account Advocate – Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf - Trust Account Advocate - Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf – Trust Account Advocate – Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf - Trust Account Advocate - Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf – Trust Account Advocate – Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf - Trust Account Advocate - Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf – Trust Account Advocate – Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf - Trust Account Advocate - Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf – Trust Account Advocate – Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf - Trust Account Advocate - Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf – Trust Account Advocate – Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf - Trust Account Advocate - Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf – Trust Account Advocate – Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf - Trust Account Advocate - Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf – Trust Account Advocate – Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf - Trust Account Advocate - Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf – Trust Account Advocate – Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf - Trust Account Advocate - Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf – Trust Account Advocate – Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf - Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf - Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf - Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf - Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf - Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf - Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf - Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf - Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf - Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf - Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf - Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf - Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf - Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf - Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf - Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf - Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf - Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf - Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf - Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf - Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf - Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town

Related Post

How to get urgent Access to your Children without the services of a Lawyer (Attorney or Advocate)

Are you a father or mother of a child and the other parent refuses you access/contact to that child? If that is the case, you have a right to relief from the Court for Urgent Access. A couple would bring a child into this world. Whilst the relationship is ongoing, they can see eye to eye on what is best for the child and both parties form a productive part of the child’s life. Even if the couple is not living together, the father would see the child regularly and bond with the child as is needed. However, once the relationship has severed, it often happens that the parties cannot see eye to eye on what is best for the child regarding regular contact by the father. The mother would either blatantly refuse the father access or would place strict measures on when and how the father can see the child. Should the mother refuse access or prescribe access to the child, which is not in the child’s best interest, the father, in this case, would have grounds to urgently approach the Court for relief. Court procedure is very complicated. It is therefore strongly advised that you approach an attorney with knowledge and experience with these urgent applications. Furthermore, the attorney should have an advocate at hand to move the Application with or without opposition at Court. However, if you wish to do it yourself, read further should you wish to make the Application in the High Court.

The Procedure

Your application is urgent and therefore it is done on affidavit and not orally in Court. You may, however, be called to give oral evidence if the Judge so wishes. This is to clarify certain issues. However, this can mostly be avoided if your papers are properly drafted. You should firstly draft a document called a Notice of Motion and a founding affidavit. I shall explain these documents next. Although reference below may be made to an attorney or advocate, you may attend to the process yourself. Lastly, for the sake of simplicity, the term contact and access is used, as opposed to care and contact.

Notice of Motion

In this document, you state exactly what you want the Judge to grant you. It is similar to the prayers in a summons. Of course, you want the Judge to grant you urgent access to your child. You are making the application urgently and sidestepping some rules of Court regarding time periods and procedure. The first thing you should, therefore, ask the Court is to condone non-compliance with its Rules. You will then ask the Court what relief you want, usually in the form of an interim order to be finalised later. Usually, you will ask for a rule nisi. An example of the prayers in an urgent access application in the High Court are as follows:
  • Condoning the Applicant’s non-compliance with forms and service and time periods provided in the Uniform Rules of this Honourable Court and permitting this Application to be entertained as a matter of urgency in terms of Rule 6(12) of the Rules of Court;
  • That a Rule Nisi be issued, calling upon the Respondent to appear before Court on ____________________ 2026 at 10:00, in order to show cause why an Interim Order should not be confirmed in the following terms:-
    • That the Applicant shall have unsupervised contact to the minor child as follows:
    • Every alternative weekend commencing from Friday 18:00 to Sunday at 18:00.
  • That the provisions above shall operate as an Interim Order, with immediate effect, pending the return date of the Rule Nisi;
This document is signed by your attorney, or by you if, you are acting in person.

Founding Affidavit

In your Founding Affidavit, you provide relevant information under oath. Here you would provide details of you, the mother and the child. You would also need to provide information on a few or more of the following matters:
  • Background information about your relationship with the mother of the child;
  • Past access to the child;
  • Past involvement in the child’s life;
  • When access to the child seized/lessened and the circumstances surrounding it;
  • Past maintenance or attempts to maintain the child;
  • Why the application is urgent and substantive redress in due course would not be afforded to you; and
  • Any other relevant information.

Issue and Service of the Application

Once the Notice of Motion and Founding Affidavit is in order, your attorney would make the necessary copies. Thereafter he would have the application issued at Court. A case number would be provided. If possible, you would have the application served on the mother of the child timeously. The Office of the Family Advocate should also be served.  Here you may make use of the office of the Sheriff or your attorney would serve the papers on the mother.

Opposition

If the mother of the child opposes the relief sort after being served with the Application, she should file an opposing affidavit to which you would have to reply. The parties would then have to argue the matter before the Judge.

Urgent Hearing at the High Court

If your matter has been set down on the Motion Court Roll, the Judge would have already read over the papers filed.  You would then wait for your matter to be called up. Should your matter is to be heard before the Urgent Judge on duty that day, you or your Advocate would have to take the file to the Judge beforehand to read. If the mother or her Advocate is present at Court, and the parties cannot settle the matter, they would then have to argue the matter before the Judge. If, however, the mother after having been duly served does not appear at court, then the process is a bit faster.

After the judge decided on the matter, the following might happen:

  • The Judge would grant the urgent access requested;
  • Grant you urgent access but not on the terms as requested;
  • Refuse to grant you any relief without a family advocate report;
  • Dismiss your application for lack of merits and/or urgency.

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

Japan 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 Japan, if a minor child will be joining that parent and also relocating to Japan, 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 Japan. Before we do so, let us list the various cities and towns in Japan to which you may want to relocate: Aichi, Anjō, Atsuta, Gamagōri, Handa, Hekinan, Ichinomiya, Inazawa, Kariya, Kasugai, Komaki, Kōnan, Nagoya, Nishio, Okazaki, Seto, Tokoname, Toyohashi, Toyokawa, Toyota, Akita, Noshiro, Ōdate, Aomori, Aomori, Hachinohe, Hirosaki, Chiba, Chiba, Chōshi, Funabashi, Ichihara, Ichikawa, Kashiwa, Kisarazu, Matsudo, Narashino, Narita, Noda, Sawara, Urayasu, Ehime, Imabari, Matsuyama, Niihama, Saijō, Uwajima, Yawatahama, Fukui, Sabae, Takefu, Tsuruga, Fukuoka, Iizuka, Kitakyūshū, Kurume, Nōgata, Ōkawa, Ōmuta, Tagawa, Fukushima, Aizu-wakamatsu, Iwaki, Kōriyama, Gifu, Gifu, Kakamigahara, Ōgaki, Tajimi, Takayama, Toki, Gumma, Isesaki, Kiryū, Maebashi, Ōta, Takasaki, Tatebayashi, Tomioka, Hiroshima, Fukuyama, Hiroshima, Innoshima, Kure, Mihara, Onomichi, Hokkaido, Asahikawa, Bibai, Chitose, Ebetsu, Hakodate, Iwamizawa, Kitami, Kushiro, Muroran, Nemuro, Noboribetsu, Obihiro, Otaru, Rumoi, Sapporo, Tomakomai, Wakkanai, Yūbari, Hyōgo, Akashi, Akō, Amagasaki, Ashiya, Himeji, Itami, Kakogawa, Kawanishi, Kōbe, Miki, Nishinomiya, Takarazuka, Takasago, Ibaraki, Hitachi, Hitachinaka, Kitaibaraki, Koga, Mito, Shimodate, Tsuchiura, Tsukuba Science City, Ishikawa, Kaga, Kanazawa, Komatsu, Nanao, Iwate, Kamaishi, Miyako, Mizusawa, Morioka, Kagawa, Marugame, Sakaide, Takamatsu, Kagoshima, Kanoya, Sendai, Kanagawa, Atsugi, Chigasaki, Fujisawa, Hadano, Hakone, Hiratsuka, Kamakura, Kawasaki, Miura, Odawara, Sagamihara, Yamato, Yokohama, Yokosuka, Kōchi, Kumamoto, Arao, Kumamoto, Minamata, Yatsushiro, Kyōto, Kyōto, Maizuru, Uji, Mie, Ise, Kuwana, Matsuzaka, Suzuka, Tsu, Ueno, Yokkaichi, Miyagi, Ishinomaki, Kesennuma, Sendai, Shiogama, Miyazaki, Miyakonojō, Miyazaki, Nichinan, Nobeoka, Nagano, Matsumoto, Nagano, Okaya, Suwa, Ueda, Nagasaki, Hirado, Isahaya, Nagasaki, Ōmura, Sasebo, Shimabara, Nara, Kashihara, Nara, Tenri, Yamato-Kōriyama, Niigata, Jōetsu, Kashiwazaki, Nagaoka, Niigata, Niitsu, Sanjō, Ōita, Beppu, Hita, Nakatsu, Ōita, Saiki, Usa, Usuki, Okayama, Kasaoka, Kurashiki, Okayama, Tamano, Tsuyama, Okinawa, Naha, Okinawa, Ōsaka, Daitō, Higashiōsaka, Hirakata, Ikeda, Izumiōtsu, Izumisano, Kadoma, Kishiwada, Matsubara, Moriguchi, Neyagawa, Ōsaka, Sakai, Suita, Takatsuki, Toyonaka, Yao, Saga, Imari, Karatsu, Saga, Tosu, Saitama, Ageo, Asaka, Chichibu, Fukaya, Gyōda, Iruma, Kawagoe, Kawaguchi, Koshigaya, Kumagaya, Saitama, Sōka, Toda, Warabi, Shiga, Hikone, Ōtsu, Shigaraki, Shimane, Izumo, Masuda, Matsue, Shizuoka, Atami, Fuji, Fujieda, Fujinomiya, Gotemba, Hamakita, Hamamatsu, Itō, Mishima, Numazu, Shimada, Shimizu, Shizuoka, Yaizu, Tochigi, Ashikaga, Kanuma, Nikkō, Oyama, Sano, Utsunomiya, Tokushima, Anan, Komatsushima, Naruto, Tokushima, Tokyo, Chōfu, Fuchū, Ginza, Hachiōji, Higashimurayama, Hino, Kodaira, Koganei, Kokubunji, Machida, Mitaka, Musashino, Ōme, Tachikawa, Tokyo, Tottori, Kurayoshi, Yonago, Toyama, Takaoka, Wakayama, Kainan, Nachi-katsuura, Sakata, Tsuruoka, Wakayama, Yamagata, Yonezawa, Yamagata, Yamaguchi, Hagi, Hōfu, Iwakuni, Kudamatsu, Shimonoseki, Tokuyama, Ube, Yamanashi, Kōfu. (https://www.britannica.com/topic/list-of-cities-and-towns-in-Japan-2039519)  

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

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 Japan. 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 Japan. Even if the minor child only wants to go for a short holiday to Japan, both guardians’ Consent would be required.

When would the other parent be seen as a guardian in the case of a relocation matter to Japan?

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 Japan. 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 Japan.

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

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 Japan, 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 Japan

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 Japan. 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 Japan.

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

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 Japan?

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 Japan, 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 Japan, then the Court will make an Order similar to that which is shown below. [caption id="attachment_10829" align="alignnone" width="662"]Relocation consent Court Order for minor child to Japan - Advocate Muhammad Abduroaf Relocation consent Court Order for minor child to Japan – Advocate Muhammad Abduroaf[/caption]  

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