Uncontested divorces – Notice of Set Down for undefended and uncontested divorce matters – The document used to place your divorce on the divorce court roll

Undefended, unopposed or uncontested divorce cases are what all divorcing couples should strive towards. If the marriage broke down completely and there is no possibility of saving it, then why fight any longer? If both parties act fairly, there is no need to spend thousands of Rands on legal fees. That money can be used on starting a new life. If there are minor children involved, then the money saved in avoiding litigation can be used on them. At the end of the day, no one really benefits from a long drawn out or protracted contested divorce process.

What is the simplest divorce?

The simplest divorce is when the parties are married out of community of property and profit and loss, with the exclusion of the accrual regime. What this means, it that whatever property a spouse owns during the marriage, still belongs to him or her after the marriage. There is also no need to pay the other spouse any amount after the divorce as an accrual. The simplest divorce would also require there to be no minor children born from the marriage. In other words, all the children are adults or there were none. Lastly, neither party claims personal maintenance or alimony from the other spouse. If the above scenario applies, then all that the divorce court would have to do is ascertain whether or not the marriage has irretrievably broken down, and grant a decree of divorce. There is no issue regarding child maintenance, custody issues, or proprietary rights. It’s a simple divorce and easily finalised.

What do couples usually fight over in the divorce process?

As can be seen from the above, if a couple has children, things may turn out to be complicated. The parents may dispute who should have primary care or custody over the minor children. Then there is the issue of child maintenance, and the amount thereof. This latter issue is usually a stumbling block when it comes to the finalisation of a divorce. Some parents are unreasonable in their request, and others again don’t want to pay or contribute what is fair and reasonable.

The matrimonial property regime

If the parties are married in community of property, there should be an equal division of the joint estate. However, parties still find a way to argue on this aspect which makes the divorce a contested one. The same applies should the spouse be married out of community of property with the inclusion of the accrual regime. Most of the time, the divorce gets settled just days before the divorce date, after both parties spent thousands of Rands on legal fees.

The notice of set down in divorce matters

After the divorce, summons has been issued and served, and the divorce is uncontested, a notice of set down must be filed at the divorce court. Usually, it’s 10 days after the divorce summons was served on the other party. Basically, the notice of set down advises the court and the other party that the divorce is going to be heard on a certain date. Once the notice of set down is filed, the divorce matter would be placed on the court roll for the divorce to be finalised.

What happens on the unopposed divorce court date?

Once the notice of set down has been filed and the divorce date has arrived, one of the parties, usually the plaintiff would have to appear at court to give evidence. Basically, he or she needs to confirm that the marriage has broken down, the court has jurisdiction and that all aspects have been resolved. This is usually done with a consent paper. If the parties were married out of community of property without the accrual regime and there are no minor children, then there is no need for any other documents to be filed.

What happens after the divorce has been granted?

Once the divorce has been granted, the parties can move on with their lives. They may remarry incur debt in their own name and so on. A few days after the divorce, and depending on the specific court, the parties would be able to collect a document called a final decree of divorce. This document would confirm to the world that they are divorced.

Free Online Divorce Form and Guide

If you want to attend to your own uncontested divorce, we can to help you kick start it at no charge. Fill in the form below, and then our system will send you an email with the details you provided, which you should include in the divorce documents. [ninja_form id=35] Have a family Law appointment with us We have an online appointments system which enables you to save valuable time and cut straight to the chase. There is, therefore, no need for you to visit our offices (unless it is best for you to do so, or is your most preferred option). You may set up telephonic or video consultations should you wish to do so. You can, therefore, stay in the office or on the couch in the comfort of your own home when dealing with us. We are therefore physical, online, set-up and ready to meet with you. Make your appointment online for a consultation today. If you find any of our articles, free resources and posts interesting, or possibly useful to others, please like  

IN THE HIGH COURT OF SOUTH AFRICA (WESTERN CAPE DIVISION, CAPE TOWN)

Case no.: JOHN WILLIAMS PLAINTIFF (Identity Number: 0000000000000) And JANE WILLIAMS DEFENDANT (Identity Number: 1111111111111  

NOTICE OF SET – DOWN

  KINDLY BE ADVISED that Plaintiff hereby sets the above matter down for hearing for 2015 at 10:00 or so soon thereafter. Kindly enrol the matter accordingly. DATED AT SIGNED AT CAPE TOWN THIS___DAY OF __________________2017.   ______________________ Per: JOHN WILLIAMS (Plaintiff in Person) 4 Green Street, Greenland, WESTERN CAPE TO: THE REGISTRAR HIGH COURT CAPE TOWN AND TO: JANE WILLIAMS 1 Apple Street, Apple Town, WESTERN CAPE _________________o0o_________________    
Posted on by Telelaw

Uncontested divorces – Notice of Set Down for undefended and uncontested divorce matters – The document used to place your divorce on the divorce court roll

Undefended, unopposed or uncontested divorce cases are what all divorcing couples should strive towards. If the marriage broke down completely and there is no possibility of saving it, then why fight any longer? If both parties act fairly, there is no need to spend thousands of Rands on legal fees. That money can be used on starting a new life. If there are minor children involved, then the money saved in avoiding litigation can be used on them. At the end of the day, no one really benefits from a long drawn out or protracted contested divorce process.

What is the simplest divorce?

The simplest divorce is when the parties are married out of community of property and profit and loss, with the exclusion of the accrual regime. What this means, it that whatever property a spouse owns during the marriage, still belongs to him or her after the marriage. There is also no need to pay the other spouse any amount after the divorce as an accrual. The simplest divorce would also require there to be no minor children born from the marriage. In other words, all the children are adults or there were none. Lastly, neither party claims personal maintenance or alimony from the other spouse.

If the above scenario applies, then all that the divorce court would have to do is ascertain whether or not the marriage has irretrievably broken down, and grant a decree of divorce. There is no issue regarding child maintenance, custody issues, or proprietary rights. It’s a simple divorce and easily finalised.

What do couples usually fight over in the divorce process?

As can be seen from the above, if a couple has children, things may turn out to be complicated. The parents may dispute who should have primary care or custody over the minor children. Then there is the issue of child maintenance, and the amount thereof. This latter issue is usually a stumbling block when it comes to the finalisation of a divorce. Some parents are unreasonable in their request, and others again don’t want to pay or contribute what is fair and reasonable.

The matrimonial property regime

If the parties are married in community of property, there should be an equal division of the joint estate. However, parties still find a way to argue on this aspect which makes the divorce a contested one. The same applies should the spouse be married out of community of property with the inclusion of the accrual regime. Most of the time, the divorce gets settled just days before the divorce date, after both parties spent thousands of Rands on legal fees.

The notice of set down in divorce matters

After the divorce, summons has been issued and served, and the divorce is uncontested, a notice of set down must be filed at the divorce court. Usually, it’s 10 days after the divorce summons was served on the other party. Basically, the notice of set down advises the court and the other party that the divorce is going to be heard on a certain date. Once the notice of set down is filed, the divorce matter would be placed on the court roll for the divorce to be finalised.

What happens on the unopposed divorce court date?

Once the notice of set down has been filed and the divorce date has arrived, one of the parties, usually the plaintiff would have to appear at court to give evidence. Basically, he or she needs to confirm that the marriage has broken down, the court has jurisdiction and that all aspects have been resolved. This is usually done with a consent paper. If the parties were married out of community of property without the accrual regime and there are no minor children, then there is no need for any other documents to be filed.

What happens after the divorce has been granted?

Once the divorce has been granted, the parties can move on with their lives. They may remarry incur debt in their own name and so on. A few days after the divorce, and depending on the specific court, the parties would be able to collect a document called a final decree of divorce. This document would confirm to the world that they are divorced.

Free Online Divorce Form and Guide

If you want to attend to your own uncontested divorce, we can to help you kick start it at no charge. Fill in the form below, and then our system will send you an email with the details you provided, which you should include in the divorce documents.

No Fields Found.

Have a family Law appointment with us

We have an online appointments system which enables you to save valuable time and cut straight to the chase. There is, therefore, no need for you to visit our offices (unless it is best for you to do so, or is your most preferred option).
You may set up telephonic or video consultations should you wish to do so. You can, therefore, stay in the office or on the couch in the comfort of your own home when dealing with us. We are therefore physical, online, set-up and ready to meet with you. Make your appointment online for a consultation today.

If you find any of our articles, free resources and posts interesting, or possibly useful to others, please like

 

IN THE HIGH COURT OF SOUTH AFRICA
(WESTERN CAPE DIVISION, CAPE TOWN)

Case no.:

JOHN WILLIAMS PLAINTIFF
(Identity Number: 0000000000000)

And

JANE WILLIAMS DEFENDANT
(Identity Number: 1111111111111

 

NOTICE OF SET – DOWN

 

KINDLY BE ADVISED that Plaintiff hereby sets the above matter down for hearing for 2015 at 10:00 or so soon thereafter.
Kindly enrol the matter accordingly.
DATED AT SIGNED AT CAPE TOWN THIS___DAY OF __________________2017.

 

______________________
Per: JOHN WILLIAMS
(Plaintiff in Person)
4 Green Street,
Greenland,
WESTERN CAPE

TO: THE REGISTRAR
HIGH COURT
CAPE TOWN

AND TO: JANE WILLIAMS
1 Apple Street,
Apple Town,
WESTERN CAPE
_________________o0o_________________

 

 

Related Post

Top tips from a Senior Family Law Advocate on how to deal with your Child Custody matter in the Port Nolloth Children’s Court

 

Family law legal matters can be very stressful. This is so whether you live in Port Nolloth 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 Port Nolloth. 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 Port Nolloth or any other city in South Africa.

What to do before visiting the Port Nolloth Children’s Court

Before you approach the Children’s Court in Port Nolloth, 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. Port Nolloth 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 Port Nolloth 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 Port Nolloth Children’s Court

The Port Nolloth Children’s Court should be approached if it is the closest Children’s Court to you. You need to verify with the Port Nolloth 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 Port Nolloth 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 Port Nolloth.

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 Port Nolloth Children’s Court

Once you complete the Form A and submit it to the Clerk of the Port Nolloth 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 Port Nolloth 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 Port Nolloth Children’s Court

Once the Port Nolloth 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 Port Nolloth 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, Port Nolloth, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester

Posted on by Telelaw

Looking for Family Legal Services in Lower Vrede- Child Maintenance, Child Custody, Visitation Rights and Divorce

Here at our law officers, we understand the struggle of your anxious search for family legal services. Most often, you under the impression that you may not find the legal services you require within close proximity. Look no further.

Family Legal Advice Consultancy

We are a family legal consultancy that strive to cater for all your legal needs by offering legal advice and guidance in family law. If you happen to be residing in the Lower Vredearea, then legal advice is still in your favor. Searching for a legal solution is tough enough and we are fully aware of this. With this in mind, we have made our legal advice and legal guidance easily accessible for your convenience. Our online system enables you to make an online appointment for a professional legal consultation within minutes, while in the comfort of your own home.

Price listings for Family Legal Services in University Estate

We have managed to compile a straightforward price list of some of our legal services in which we offer legal advice and legal guidance in. With that being said, we often have potential clients asking us for an overall view of what the service will cost. When it comes to child maintenance, child custody, contested/opposed divorces and so on; then an overview of the cost cannot be provided as this will be depend upon nature and circumstance of the legal matter. See our legal services page for an idea of what some of our legal services will cost.

Legal Advice in Lower Vrede – Family law legal topics

For family law legal topics, we offer legal advice on a variety of family law topics, which include, but is not limited to: And while our consultation does come at a fee of R800; we have made our free, expert legal advice articles on our website, easily accessible for the layperson. See the following free, expert legal advice articles which was carefully crafted by the legal expert himself. These articles can be found within the following categories:

Child Maintenance

  1. How to Apply for Child Maintenance at Court – Step by Step Guide and Advice
  2. Child Maintenance Question. How much should I pay or contribute as a p
  3. Child Support or maintenance claims. Does an unemployed father pay?
  4. Non-compliance with Maintenance Orders — Civil and Criminal Remedies
  5. Tricks and tips on how to win your child maintenance case

Child Custody

  1. The Law Regarding Children – The Children’s Act 38 of 2005
  2. Child born out of wedlock: Mother will not consent to her surname change and to be registered as her biological father. What can I do?
  3. How do I get full custody over my child?
  4. Parental Child Abuse in Custody Cases
  5. Relocate with minor child. Parent Refusing Consent for a Passport
  6. Father being refused contact to his child! What are his rights as a Father?
  7. Father’s Parental Responsibilities and Rights to his Child
  8. Urgent Access to your Children without a Lawyer
  9. Parenting Plans and the Law
  10. What happens in a custody dispute where one parent is mentally ill?
  11. How to win your child custody and access court case – Tips and Tricks
  12. Rights of care, contact and guardianship of grandparents to their grandchildren – What does the law say?

Divorce and Property

  1. How to Change your Matrimonial Property Regime
  2. Do your own Unopposed Divorce. No lawyers needed and its Free.
  3. Parental Rights of Divorced Muslim parents after a Talaq or Faskh
  4. Free Online Divorce Assistance Form – DIY Cape Town South Africa comprising of:
So whether you’re residing in the Northern or Southern suburbs, we can assist you in your legal plight. Call our law offices on 021 424 3487, and have our friendly receptionist make an online appointment for you for a face to face, telephonic or Video Chat/Skype legal consultation.

Legal consultation – telephonic, face to face or via video chat / Skype legal advice for those residing in Lower Vrede

Are you residing in Lower Vrede and concerned that legal advice and legal guidance may be out of your way? This could never be more far off from the truth. Our professional legal consultancy have taken such circumstances into account and have managed to accommodate for those residing in the Lower Vrede area. Our professional legal consultation can take place by virtue of video chat / Skype, email or telephonic for your convenience. We are currently based at Suit 702, 7th Floor, The Pinnacle (on the corner of Burg and Strand Street). Do you require an Attorney to handle your legal matter? No problem. Our law offices have built a wealth of legal connections to ease your plight. After assessing your legal matter during the consultation, we can refer you to an Attorney if necessary. However, we have managed to sustain a convenient online operation which will unfold within the following ways:
  1. Call our friendly receptionist and ask to have an appointment made for you online which will only take a minute or two.
  2. You have the choice of deciding whether you would like a telephonic, email, video chat/Skype legal consultation.
  3. Once you call our law offices on 021 424 3487, the receptionist will make an appointment online for you. Thereafter, you will receive an automated email which will contain all relevant details about the legal consultation. The date, time, nature of legal matter and payments methods will be highlighted within the email.
  4. We urge potential clients to read their email well as well as the terms and conditions within the email.
  5. Only once payment has been made, will the face to face legal consultation be confirmed.
  6. Bear in mind that the date and time of the legal consultation is subject to change on either our part or the potential client’s part. Hence the potential client is free to change the date and time should they later find a more convenient date or time.
Call our law offices on 021 424 3487, and have our friendly receptionist make an online appointment for you for a face to face, telephonic or Video Chat/Skype legal consultation.

Free legal products if you live in Lower Vrede

Our law offices does not offer pro bono legal services as we are a Family Legal Consultancy that aims at offering expert, efficient legal advice and assistance on child maintenance, divorce, child custody and so forth. We have however, as mentioned previously, made our free, expert legal advice accessible to the layperson on our website. The creators of this website have compiled a “Free Family Law Resources” section, which can be found on our home page. The family law resources are as follows:
  1. Free Basic Will Tool Kit
  2. Free Shariah Will Template
  3. Free Divorce Starter Tool Kit
  4. Free Child Maintenance Calculator
  5. Free DIY Urgent Child Contact Toolkit
  6. Urgent Holiday Contact Toolkit
You can now enjoy free, expert legal advice at the touch of a button. Call our law offices on 021 424 3487, and have our friendly receptionist make an online appointment for you for a face to face, telephonic or Video Chat/Skype legal consultation. Connect with us today!    
Posted on by Telelaw

Passport Application for a minor child: Mother cannot find the father to provide the necessary consent at the Department of Home Affairs. The Application is therefore refused.

Passport Application for a minor child: It is not easy being a single parent, and at the same time, the primary caregiver of the child. This is even so where the other parent pays child support and regularly sees the child. This article deals with the situation where the father of the child is missing. He, therefore, does not pay any child support, nor has a relationship with the child. This causes a problem when it comes to issues of guardianship rights. For example, when the mother wants to enrol the child in a school or provide medical consent. The question would always arise – “where is the father?”, or “did the father give his consent?” When it comes to official matters, for example, the application for a passport, then things become more complicated. This is where the issue of parental consent for the application for a passport is looked at. Now let us first deal with the law.

Set up a Consultation with us.Parental Responsibilities and Rights of Fathers

In short, if a father was married to the mother, he would automatically have full parental responsibilities and rights to the child born from them. This includes the rights of care, contact and guardianship. If he was not married to the mother of the child, he can acquire parental responsibilities and rights. In short, in order for the unmarried father to acquire parental responsibilities and rights, he has to form part of the child’s life. He may also attempt to do so and the mother hinders it from happening. In the latter situation, he would still acquire parental responsibilities and rights.

The Unmarried Father’s Rights

The unmarried father can acquire parental responsibilities and rights to his child in a number of ways. They include paying child support, visiting the child and so on. Therefore, not all fathers would have parental responsibilities and rights over their children. Some fathers just impregnated the mothers and went missing. Such a father cannot rock up, 12 years later and demand to take the child with him to the movies. I think you understand the point  we are trying to make.

What is the legal effect of having parental responsibilities and rights over a child?

Should a father have parental responsibilities and rights over a child – he has certain defined rights. Those rights could either be absolute, or specific. An absolute right would be one of guardianship. An example would be an application for a passport or the removal of a child from the Republic. In the latter cases, the father’s consent is an absolute requirement which can only be taken away by a court of law. Then there are relative parental responsibilities and rights over a child. These rights depend on the circumstances of the case. An example would be that of visitation. A father who has parental responsibilities and rights of contact over a child cannot demand to see the child at any time. He may not even be able to demand to see the child half the time. His contact rights would be limited to what is in the child’s bests interests. And that would change from time to time. For example, should the father live 100km away from his children, contact could be every second weekend. But, should he live down the road, it could be every second day.

The Legal Problem for unmarried parents and their rights

The consent required in relation to the exercise of parental responsibilities and rights over certain children have challenges. How would anyone know whether or not an unmarried father has parental responsibilities and rights? For example, lets say the father was never involved in the child’s life – what proof does she have to show the authorities that the father does not have any parental responsibilities and rights? Would the Department of Home Affairs just accept the allegation made by the mother? I do not think so. And this could cause a problem in two ways. Let’s say the father has parental responsibilities and rights over a child. The mother however now wishes to relocate overseas. She tells the authorities at the Department of Home Affairs that she does not know where the father is, and he was never involved in the child’s life. If the Department of Home Affairs accepts her lie, the mother would be able to leave South Africa with the child, and without the father knowing. Let alone obtain his consent. On the other hand, let’s say that the father was really not involved in the child’s life since birth. He went missing after he found out the mother was pregnant. He never paid for any of the birthing costs, nor any of the child’s expenses since birth. Should the mother approach the Department of Home Affairs, would they allow her to obtain a passport without the father’s consent? We could be wrong, but we doubt they will.

What can a mother do if she does not have the consent from the father

As the law stands and with the current position of the Department of Home Affairs, the following needs to be done if the father refuses to give his consent, or cannot be found.

Application to the High Court

We advise that you consult with a legal advisor to advise you on the merits of your case. If there are merits, an application to the relevant court would be made. The Court would decide on the matter after hearing from both the parents. If it is decided that it would be best for the child to obtain a passport or relocate, the court would grant the appropriate order.

These are the documents that would form part of the Court file:

Notice of Motion

This document outlines the relief you are asking the court for. This would be the case where the details of the father is known.  Two of the clauses could be as follows:
  • The Respondent’s consent is not required for the departure of the minor child, Little One, with identity number 0813040502086 (hereafter referred to as “the minor child”), from the Republic of South Africa, and to relocate to France, as provided for in section 18(5) of the Children’s Act 38 of 2005;
  • The Respondent’s consent is not required for the return of the minor child to the Republic of South Africa for visits;

Founding Affidavit

In this document, you outline the facts of the matter. You would deal with why you want consent.

Opposing Affidavit

If the father opposes the Application, he would file this affidavit. In this document he would outline reasons why the court should not give consent.

Replying Affidavit

You would then get an opportunity to reply to the father’s allegations made.

Advice to parents who wants to relocate or temporary leave South Africa with the minor child

If you need to relocate, with a child, and the other parent refuses to give consent, speak to a legal advisor, or to us. They would advise you on your case, and if need be, assist or direct you to the proper people for an Application to court for an order that the requirement of consent is dispensed with. Should you be successful in such an application, the Order would be shown to the Department of Home Affairs when applying for a passport and when leaving the Country. The Officials would comply with the Order. The Order of Court can also be shown to the officials overseas should they want to know where the consent of the father is. [caption id="attachment_7081" align="alignleft" width="217"]Advocate Cape Town Lawyer Attorney Legal High Court Advocate Muhammad Abduroaf[/caption] In the same manner, should you want to leave South Africa to go overseas on holiday with the minor, approach us for advice should the other parent refuse to give consent. Your visit overseas could be to visit a family member, or just for a break. There should be no reason why you cannot take the minor child with you on holiday. [caption id="attachment_6387" align="alignleft" width="300"]Business Legal Advice - Cape Town Contact us today[/caption]

Sharing is Caring

This and other articles and posts found on this website are written by Adv. Muhammad Abduroaf to assist people with various family law related issues they may have. If you find any of our articles, free resources and posts interesting, or possibly useful to others, please like and share it on Social Media by clicking on the icons below. For business servics, visit Business SA.              
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