Relocation with my minor child to India, Agra (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 Agra, India

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 one or two) 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 Vanderbijlpark or Sibasa, South Africa, and you want to relocate to Agra, India, 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 Agra, India?

The same applies when it comes to your minor child applying for a South African passport to relocate to India, 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 Agra, India with my minor child? There is 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 Agra, India.

What can I do if the other parent does not want to consent to the minor child’s relocation to Agra, India?

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 Agra, India, 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 Agra, India. 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 Agra, India, 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 Agra, India?

If the other parent does not want to consent to the passport application and/or the relocation of the minor child to Agra, India – 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 Agra, India, 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 Agra, India

If you require legal assistance or representation with relocating to Agra, India 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.

30 May 2020 – Latest Regulations on the movement of minor children during the lockdown – The introduction of the Magistrate’s Permit

The Minister of Cooperative Governance and Traditional Affairs, Dr Nkosazana Dlamini Zuma, published new regulations regarding the Lockdown on 29 April 2020. As from 1 May 2020, South Africa’s lockdown would be on Level 4, one level down from when it started. The new regulations bring challenging changes regarding the movement of children between parents. For example, the provision of applying for a Magistrate’s permit. Therefore, some of the new regulations are welcomed by us, and others not. The regulations are further below. Click here to read an article regarding the previous regulations on the movement of children. Summary of the recent regulations that will come in effect tomorrow 1 May 2020:

Local movement of children during the lockdown

Inter-Provincial movement of children during the National lockdown

17. (1) The movement of children between co-holders of parental responsibilities and rights or a caregiver, as defined in section 1(1) of the Children’s Act, 2005 (Act No. 38 of 2005), in the same metropolitan area or district municipality is allowed subject to the following if the co-holders of parental responsibilities and rights or a caregiver is in possession of—

Domestic violence case law South Africa

In all the years of dealing with the legalities of domestic violent situations, we have to find women and children to be the most vulnerable. It is by far, no coincidence that South Africa peaks the highest when it comes to domestic violence. Sadly. As we are aware of this, we encourage women to come forward and reassert their voice. Not only do we strive to educate women about their legal rights and position in society; but we aim to deliver professional legal services. Fortunately, we have made our website easily accessible when it comes to obtaining free, expert legal advice in a family legal matters. See our home page on: I am in a physically abusive relationship. Help from Abuse – you may find this scenario helpful. Find out how to make a domestic violence application in which we explain how to go about obtaining protection orders and interdicts. Do you know personally know of a child that may be in an unstable home with an abusive parent? According to the law, this is an utter violation of a child’s right to a safe environment. Our family legal expert clearly explains this as follows: Section 18 of the children’s act 38 of 38 2005 states the following: (1) A person may have either full or specific parental responsibilities or 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 marriage (ii) Consent to the child adoption; (iii) Consent to the child departure or removal from the Republic; (iv) Consent to the child 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. For more out more about The Law Regarding Children – The Children’s Act 38 of 2005, don’t hesitate to call our law offices on 021 424 3487 for an online appointment today!

Domestic Violence Act

The process – defending Protection Order in South Africa

• An affidavit must be made and an application form must be filled out. The application form can also be obtained online .
• If you have a witness or confidante that knows about your abuse case, then you may want to take that person with you when obtaining a protection order.
• The Court will then assess the application and will determine whether an Order is required.
• Once the Court approves, only then will the Order have effect on the offender. Should the offender fail to adhere to the Order, the offender will be arrested.