advertisement
Question
Posted by: Michele | 2010/07/20

Passport for Daughter

Hello. I am divorced and have a 10 year old daughter. Myself and my husband would very much like to take a trip to Lesotho at the end of August but my ex-husband is refusing to sign the passport forms giving consent of such. I contacted the family courts and they have indicated to me that if he is refusing to sign the papers i can apply to the High Court as they can grant me what i need and can overule the ex-husband. Is this correct? We are not going overseas, just across the border. Does He have to sign the papers even if its just across the border or will my signature be enough? There is no reason for him NOT to sign the papers, this is just a case of being spiteful. The trip is a 3 day trip and it falls on my weekend. Please advise urgently as i need to get this sorted quite quickly. many many thanks.

Not what you were looking for? Try searching again, or ask your own question
Our expert says:
Expert ImageFamily law expert

A parent's consent (if he is also a guardian of the child) is required to apply for a passport for a child and to remove the child from the Republic. If one parent unreasonably withholds his consent then the court can be approached. The court can be approached on an urgent basis and once the matter is heard, the court will make a ruling and possibly a cost order against your ex.

If the court rules in favour of the parent who wants to take the child on holiday, the requirement of consent from the other parent will be dispensed with and the court will consent for the child to travel.

If the refusing parent is found by the court to be unreasonable in withholding his/her consent then that party may be forced to pay the legal costs incurred by the other parent.

Bertus Preller
www.divorceattorney.co.za
bertus@divorceattorney.co.za

The information provided does not constitute a diagnosis of your condition. You should consult a medical practitioner or other appropriate health care professional for a physical exmanication, diagnosis and formal advice. Health24 and the expert accept no responsibility or liability for any damage or personal harm you may suffer resulting from making use of this content.

2
Our users say:
Posted by: family law expert | 2010/07/21

A parent's consent (if he is also a guardian of the child) is required to apply for a passport for a child and to remove the child from the Republic. If one parent unreasonably withholds his consent then the court can be approached. The court can be approached on an urgent basis and once the matter is heard, the court will make a ruling and possibly a cost order against your ex.

If the court rules in favour of the parent who wants to take the child on holiday, the requirement of consent from the other parent will be dispensed with and the court will consent for the child to travel.

If the refusing parent is found by the court to be unreasonable in withholding his/her consent then that party may be forced to pay the legal costs incurred by the other parent.

Bertus Preller
www.divorceattorney.co.za
bertus@divorceattorney.co.za

Reply to family law expert
Posted by: G-Dad | 2010/07/20

The high court order will waive his rights to give permission for passports and overseas trips, but you have to bring an application to the high court which he can and will appose, in most cases the courts grant the order with a cost order, he has to have a very good reason to appose it and will cost him a fortune, get an attorney to inform him of the cost implication of such a court order which he might have t o pay your legal cost as well, he might then agree to sign.

Reply to G-Dad

Have your say

Thanks for commenting! Your comment will appear on the site shortly.
Thanks for commenting! Your comment will appear on the site shortly.
advertisement