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Question
20 Jul 2010
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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.
Family 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
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
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