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Question
Posted by: Marion | 2010/03/02

consent from father

hello, we would like to take my son across the border at the end of the month, for a holiday. He is eight years of age. I need his dad to give consent (signature of biological father) on the passport forms that i need to complete. What if he doesnt want to give consent? does that mean we cannot go? please advise. many thanks. PS: we have been divorced for 3 years now.

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Our expert says:
Expert ImageFamily law expert

When it comes to a decision to depart with a child or to remove a child from the Republic all those who have guardianship over the child must give consent before relocation with the child can materialise. If a guardian refuses to consent to the removal of the child from the country, the parent wishing to relocate will have to approach the High Court to obtain consent from the court.

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Our users say:
Posted by: Family law expert | 2010/03/03

When it comes to a decision to depart with a child or to remove a child from the Republic all those who have guardianship over the child must give consent before relocation with the child can materialise. If a guardian refuses to consent to the removal of the child from the country, the parent wishing to relocate will have to approach the High Court to obtain consent from the court.

Reply to Family law expert
Posted by: G-Dad | 2010/03/02

Yes he has to give his consent, if he refuse then you can ask the courts for permission, the courts will grant you an order and the father has the right to appose you, but he should have a valid reason.

Reply to G-Dad

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