Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Bloemfontein.

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 Bloemfontein

Whether you claim child maintenance in Bloemfontein, 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 Bloemfontein.

The maintenance scenario – Bloemfontein South Africa

In this article, we will deal with the following fictitious scenario, in a child maintenance matter:

  1. The Child is seven years old and attends school in Bloemfontein
  2. The child is cared for by the mother who works in Bloemfontein
  3. The mother works and earns a Salary of R 10 000
  4. The father sees the child every second weekend. He also lives and works in Bloemfontein
  5. The child’s monthly expenses are R 6000 – 00 which includes food, clothing, accommodation, education, travel etc.
  6. The father earns a reasonable salary and can afford the R 20 000 – 00 per month
  7. 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 Bloemfontein, it would be the maintenance court in Bloemfontein. 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 Bloemfontein, 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 Bloemfontein Maintenance Court?

Once you have been notified of the maintenance court date by the Bloemfontein 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 Bloemfontein?

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 Bloemfontein 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 Bloemfontein 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, Bloemfontein, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester

 

 

 

Posted on by Telelaw

Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Bloemfontein.

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 Bloemfontein

Whether you claim child maintenance in Bloemfontein, 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 Bloemfontein.

The maintenance scenario – Bloemfontein South Africa

In this article, we will deal with the following fictitious scenario, in a child maintenance matter:

  1. The Child is seven years old and attends school in Bloemfontein
  2. The child is cared for by the mother who works in Bloemfontein
  3. The mother works and earns a Salary of R 10 000
  4. The father sees the child every second weekend. He also lives and works in Bloemfontein
  5. The child’s monthly expenses are R 6000 – 00 which includes food, clothing, accommodation, education, travel etc.
  6. The father earns a reasonable salary and can afford the R 20 000 – 00 per month
  7. 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 Bloemfontein, it would be the maintenance court in Bloemfontein. 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 Bloemfontein, 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 Bloemfontein Maintenance Court?

Once you have been notified of the maintenance court date by the Bloemfontein 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 Bloemfontein?

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 Bloemfontein 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 Bloemfontein 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, Bloemfontein, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester

 

 

 

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What all South African expatriates (expats) should know when it comes to family law matters connected to their homeland – Divorce – Custody – Maintenance

In most countries around the world, you would find South African expatriates. They are either living in another country due to work, or other family responsibilities. Whatever the reason being for living abroad, they still consider themselves South Africans, and South Africa is their home. When someone leaves South Africa to work in another country, he or she may still have a very strong connection with South Africa from a family legal point of view. He or she may have children or a spouse still living in South Africa.  Due to the connection to South Africa, various legal issues may arise. One of those issues could possibly be wanting to divorce the spouse living in South Africa or to have more visitation or access rights to the child living in South Africa. Then there is the possibility of wishing to claim maintenance from a spouse living in South Africa while the child is living abroad with the expatriate parent.

The scope of this article in relation to South African expatriates

This article will deal with three important legal aspects, the first is that of a divorce, the second is that of child custody or guardianship disputes, and the third is that of claiming maintenance from a parent in South Africa.

Knowing your rights and the law when it comes to marriage, children and divorce

Not all expatriates of South Africa know their rights in relation to family law relevant to South Africa. He or she may not know how to divorce a spouse living in South Africa or how to claim maintenance from a parent who still lives in South Africa.  The South African expatriate may then decide not to do anything and wait until he or she returns to South Africa. This may be fine if it only relates to the issue of a divorce. But it may be problematic should it relate to issues regarding child contact and child maintenance.

Family legal issues for South African expatriates

If the spouse who expatriates to a distant country wishes to marry someone else there while still being married to somebody in South Africa, such a second marriage cannot take place. The obvious reason for that is that he or she is still married to somebody in South Africa. Therefore, he or she needs to look into the possibility of getting divorced from the spouse living in South Africa while he or she is still an expatriate in a different country.

Divorcing someone living in South Africa while you are living abroad

For a South African Court to divorce a couple, it has to have jurisdiction over the matter or one of the spouses. Not to complicate matters, basically one of the spouses has to be living in its area of jurisdiction for the divorce court to divorce a couple.  Therefore, notwithstanding a spouse living abroad, he or she may still Institute divorce proceedings if the other spouse lives in South Africa. The opposite also applies. For example, if a spouse lives in South Africa and wishes to divorce his or her spouse who lives abroad, the divorce court in South Africa can still divorce the couple.

Uncontested divorces are best when it comes to expatriates

It would be advisable that the parties agree on getting divorced before instituting divorce proceedings. The reason for saying so is that if the divorce becomes contested and both parties are living in different countries, things can become messy for both, and very expensive for the expatriate. However, if the parties cannot come to an agreement regarding the divorce, one of them have to institute divorce proceedings. As stated, such proceedings may be instituted in South Africa notwithstanding the other spouse living abroad.

The edictal citation for international divorces

If a spouse who lives in South Africa wishes to Institute divorce proceedings against a spouse living abroad, he or she will have to approach the divorce court first for consent to serve the documentation on the other spouse through a process called edictal citation. In other words, the court documents would have to be served in a manner other than the usual manner of serving legal documents. That is through the South African Sheriff. For expatriates, the court may order that the document may be served via email or through an attorney or sheriff in the foreign country.  Now we can move on to the issue of child custody and guardianship disputes.

Child custody and guardianship disputes where expatriates are involved

Child custody and guardianship disputes where one of the parents are expatriates of South Africa often occurs when one of the parents would leave South Africa for work.  Should there be a parent who wishes to leave on his or her own to work overseas; no consent would be required from the other parent to do so.

Consent for relocation of minor children

However, should a parent wish to relocate to another country or visit another country and take the minor child with temporarily for a year or two while he or she is working there, then under those circumstances, the consent of the other parent is required. This would be the case if both parents are holders of parental rights and responsibilities of guardianship over the minor child. In such a case both parents have to consent for the removal of the minor child from the Republic of South Africa. The same applies to an application for a passport for the minor child. If the father does not have guardianship rights, then his consent would not be required.

Consent for passport Applications for minor children

Although a minor child has a right to a passport as entrenched in our Constitution, if an application is made for the minor child’s passport, both parents who have parental rights and responsibilities of guardianship over the minor child has to consent to such an application. If a parent is an expatriate in another country and he or she now wishes to have the minor child travel with him or her to his or her country of work, and the other parent does not wish to give consent for such travel,  then an application would have to be made to the court for the necessary consent. Such an application can still be made while the one parent is living abroad and the minor child is living in South Africa. Communications between the parent living abroad and the lawyers assisting that parent in South Africa can be done via email telephone or video conferencing. At the end of the day, the court will decide whether or not to send the minor child to the country where the expatriate resides based on whether or not it is in the minor child’s best interest.

Child maintenance claims by expatriates

It often happens that only one parent moves abroad with the minor child and the other parent remains in South Africa. With the current cost of living, a parent may find it hard to survive abroad without financial support from the other parent. If the parent living in South Africa does not want to contribute a reasonable sum of child maintenance, then the expatriated parent may approach the relevant authorities in the country to start the legal process of claiming maintenance from the parent in South Africa.

Reciprocal enforcement agreements between countries (the REMO Act)

South Africa is a signatory to international agreements with various other countries. In terms of these agreements, countries would work together in enforcing maintenance orders in foreign countries. The relevant legislation in South Africa is the Reciprocal Enforcement of Maintenance Orders Act (the REMO Act).  This act is applied in South Africa should an expatriate wish to claim maintenance from a parent living in South Africa. The opposite also applies. Should a parent living in South Africa wish to claim maintenance from a parent living abroad in one of the signatory countries, he or she would make use of the REMO Act. A list of the proclaimed countries or territories are as follows:
  • Australia
Capital Territory – New South Wales – Northern Territory – State of Queensland South Australia – Tasmania – State of Victoria – Western Australia
  • Botswana
  • Canada
Alberta – British Columbia – Province of Manitoba – North West Territories – Province of Ontario
  • Cocoa (Keeling) Islands
  • Cyprus
  • Fiji
  • Germany
  • Guernsey (Bailiwick of)
  • Hong Kong
  • Isle of Jersey
  • Isle of Man
  • Kenya
  • Lesotho
  • Malawi
  • Mauritius
  • Namibia
  • New Zealand
  • Nigeria
  • Norfolk Island
  • Sarawak
  • Singapore
  • St Helena
  • Swaziland
  • United Kingdom
England – Northern Ireland – Scotland – Wales
  • United States of America
California – Florida
  • Zambia
  • Zimbabwe
https://www.justice.gov.za/ilr/intmnt.html Are you an expatriate of South Africa and require advice or assistance on any of the issues mentioned above? Get in contact with us. 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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Top tips from a Senior Family Law Advocate on how to deal with your Child Custody matter in the Klerksdorp Children’s Court

 

Family law legal matters can be very stressful. This is so whether you live in Klerksdorp or any other city in South Africa. Especially so if you have no idea how the legal processes work. It is one thing to know that you are entitled to child support, but it is a totally different matter to know the law and procedure on how to claim child support. Luckily in child maintenance matters, the maintenance court is there to assist you in completing the application form. However, many times that is not enough. Especially so if the other parent has a lawyer and knows how to present the case for his or her client.

This article, however, deals with some top tips in care and contact or custody matters in the Children’s Court in Klerksdorp. It would explain the processes involved and advise on how to be best prepared for your matter. This advice is applicable whether you live in Klerksdorp or any other city in South Africa.

What to do before visiting the Klerksdorp Children’s Court

Before you approach the Children’s Court in Klerksdorp, first try to resolve the issues with the other parent. Therefore, if you want more contact with your child and the other parent is refusing, try to resolve the matter first with that parent. If that does not work, try mediation. The mediator can be anyone, from a trusted mutual friend, priest, or other religious leaders, or a professional like an attorney, psychologist, or the office of the Family Advocate. Klerksdorp has many professionals that can assist you in this regard. If resolving the matter by yourselves is not possible, or mediation fails, then we suggest you approach the Klerksdorp Children’s Court for assistance.

TIP: Focus on getting someone neutral to assist in mediating your matter. Organisations like FAMSA and FAMAC can be of assistance. Google them.

Approaching the Klerksdorp Children’s Court

The Klerksdorp Children’s Court should be approached if it is the closest Children’s Court to you. You need to verify with the Klerksdorp Children’s Court that you fall under their area of jurisdiction. If not, they would direct you to which Children’s Court is applicable to you.

Once you arrive at the Klerksdorp Children’s Court, they will provide you with a form headed “Bringing Matter to Court in Terms of Section 53 Children’s Act, 2005 (Act no. 38 of 2005) Regulation Relating to Children’s Court and International Child Abduction, 2008 [Regulation 6]. This form is also called Form 2.

In this form, you will provide all your particulars and that of the child or children and the other parent. The sections in the form are as follows:

  • PART A: PARTICULARS OF CHILD(REN)
  • PART B: PARTICULARS OF *CHILD WHO IS AFFECTED BY OR INVOLVED IN THE MATTER/PERSON *ACTING IN THE INTEREST OF THE CHILD/*ON BEHALF OF THE CHILD WHO CANNOT ACT IN HIS/HER OWN NAME/ *MEMBER OF A GROUP OF CLASS OF CHILDREN/*IN THE PUBLIC INTEREST (SECTION 53(2)
  • PART C: PARTICULARS OF PERSONS HAVING AN INTEREST IN THE MATTER
  • PART D: PARTICULARS OF MATTER

In part D, the following is stated which you need to provide in the form:

  • Nature of matter brought to Court: (Please give full details of the matter e.g., registration/amendment of parenting plans, removal of child to safe care, children in need of care and protection, placement in youth care centers, adoption etc.
  • Documents: Are there any documents relating to the matter? (If so please attach)

Once you have completed the form and attached the relevant documents to it, you must take it to a commissioner of Oaths to have it commissioned. It does not have to be in Klerksdorp.

TIP: Draft a separate affidavit explaining your case. Outline some background information and reasons why the Court should give you what you request. Attach it to Form 2.

Processing your Application at the Klerksdorp Children’s Court

Once you complete the Form A and submit it to the Clerk of the Klerksdorp Children’s Court, they will process it and allocate it a case number or reference number. The Clerk of the Court would then allocate a date to the matter and advise the parties accordingly when the court date is. Please note that some courts follow a different process for processing the application and informing the parties of the court date. Please enquire from the Court when making the application what process they follow.

TIP: Obtain the contact details of the Court for you to contact them to obtain the Court date or other information. Ask for their contact number and email address.

Appearing in the Klerksdorp Children’s Court

When notified of the Court date, both you and the other parent should attend. If you are making use of a lawyer (Advocate or Attorney), inform them timeously of the date. Depending on the Court, you may first see the Clerk or go directly to the Magistrate. The Children’s Court would do its best to try to resolve the matter. If the parents cannot come to an agreement, the Children’s Court may postpone the matter for either of the following:

  • Get a social worker involved in the matter;
  • Appoint a legal representative for the minor child;
  • Implement interim care and contact arrangements;
  • Having the parties attempt to agree on a parenting plan;
  •  

In serious matters, the Court may remove the minor child from both parents and place the child in foster care. The powers of the Children’s Court are extensive. It will, however, focus on what is in the child’s best interests.

TIP: Be as vocal as possible. Do not expect the Court to be understanding of your case or be on your side. It is your duty to explain your case and provide the Court with all the relevant information they require for them to make a fair decision.

Finalising the matter in the Klerksdorp Children’s Court

Once the Klerksdorp Children’s Court has enough information to make a final decision, it will do so. Depending on the facts of the matter, that could either be making a Parenting Plan, an Order of the Court or a final care and contact Order. The Court may even make further interim orders, where the parties are to return to Court after a few months, or a year later.

TIP: Do not agree to something just because the social worker, a lawyer, or the Court suggest it. You need to be happy with what is decided.

The above Klerksdorp Children’s Court Application tips 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, Klerksdorp, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester

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Relocation with my minor child to United States of America, Orlando (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 Orlando, 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 children (for example, ages seven or eight) 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 Swellendam or Seshego, South Africa, and you want to relocate to Orlando, 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 (in South Africa) does not agree to the relocation.

What about Passport Consent to travel or relocate to Orlando, United States of America?

The same applies when it comes to your minor child applying for a South African passport to relocate to United States, 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 Orlando, United States of America with my minor child? There is there 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 Orlando, United States of America.

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

If you require legal assistance or representation with relocating to Orlando, United States of America 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.

Posted on by Telelaw

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