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Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2464
Experience:  Practicing attorney and conveyancer with 16 years post article experience.
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Need to determine if I have sole custody of my child

Customer Question

Need to determine if I have sole custody of my child according to my Divorce Settlement
Submitted: 9 months ago.
Category: South Africa Law
Expert:  Freddie Lombard replied 9 months ago.

Good afternoon,

Kindly attach a copy of the settlement for me to peruse. I will then be able to answer.

Regards

Customer: replied 9 months ago.
My problem is I wish to apply for a passport for my child, my ex husband who isnt a South African citizen (German) lives in Tasmania now. He cant accompany me to apply for a passport at Home Affairs due to this, however he is willing to give an affadavit signed in Australia that I can apply. I spoke to Home Affairs and they said he MUST appear in person, or my child must wait till he is 16 to get a passport, he is currently 10, so I find that ridiculous.
Thank you
Expert:  Freddie Lombard replied 9 months ago.

The page that you chose to attach only gives you "care" and permanent residency over your child. Contact and care are the new terms that replaced custody.

The question should rather be what is the requirements for you to be able to travel abroad.

You can click on this link to view the legal requirements. You will see that it contradicts what you were told by the officials. I suggest that you go see them again with the document that I supplied and with a affidavit by the child's father.

I hope this answered your question.

I know it will take an extra minute of your time to rate my service, but if you do not rate it, I do not get paid by the website so I would really appreciate it if you would be so kind as to rate my service positively. Feel free to ask further question here on this topic at no extra cost if you need more information.

Regards

Customer: replied 9 months ago.
Thank you but my problem lies in the actual obtaining of a passport for my son, as his father lives in Australia and cant be present at Home Affairs to sign with me, and due to your reply I dont have sole custody. Therefore Home Affairs says I cant get a passport for him, is that even allowed?
Customer: replied 9 months ago.
Expert:  Freddie Lombard replied 9 months ago.

Thank you,

Firstly, I want to make it clear that your custody position is not due to my answer at all. What I believe you want to address is guardianship, which appears to be shared, and that is due to your settlement agreement, not due to any answer I gave you.

Be that as it may, did you look at the link I provided? It is clear that the official at Home Affairs is misleading you. The father does not need to appear in person at Home Affairs, an affidavit from him would be sufficient.

You can get a passport from Home Affairs for your son without the father being present. If they refuse to issue the passport however, you are going to have to get an interdict by way of a Court Order to force Home Affairs to issue the passport.
If you need more information on this topic please feel free to ask more at no extra cost.

If you are satisfied that I answered your question correctly, please give this service a positive rating.

Regards

Customer: replied 9 months ago.
Thank you, ***** ***** affadavit be one drawn up in Australia and certified by a lawyer there?
Expert:  Freddie Lombard replied 9 months ago.

An affidavit is by definition a document that is signed and sworn to in the presence of a commissioner of oaths. In other words, it cannot be signed in one place and "certified" in another place.

Regards