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Resolved Question

As a single mother, can i take my children with me overseas even if the father disagrees??

Do i need his consent if i can prove to the court that my kids will be well looked after? 66 mths ago

Best Answer

You don't need his consent written or otherwise, as a single mother you are their sole guardian, he still has a financial obligation towards them, even if you are overseas. Go to a maintenance court, preferable late in the afternoon so that you won't have to sit in a que for hours on end and get some advice from them as well. You also don't have to prove anything to any court, if he is threatening you with that, he has no right to do so. You are their legal guardian, it is your call, you don't need his permission.

66 mths ago

Answers -

As far as I know, only if you have sole custody.

66 mths ago

If you have sole suctody of the children (by law) or do not know where the father is, then you can take them, but clear it with the family court first, they offer very good free advice

66 mths ago

Think you could have problems. Contact the Family Advocate and find out or you could be in trouble.

66 mths ago

GODfm and Cherimp are correct. If you don't have sole custody and take them anyway you will be abducting your own children, and the father could lay a charge against you. You can actualy go to jail. Please be very careful. Ask the authorities for more information.

Source: Alicia

66 mths ago

Yes as far as I know, provided there is no court ruling over the custody of the children that prevents you. If the father thinks you may be feeing the country, with your child, for good he would have to approach the courts with good justification. You do of course have a moral obligation to inform the father, and may need to make additional allowances for the any visiting rights the father would miss.

66 mths ago

You may find it more difficult when you reach home affairs to apply for passports, I recall standing in line where a mother and son wanted to get him a passport so that they could go visit the husband / father who was working abroad, they refused saying he had to be present so to give physical permission. Best consult a legal expert on this matter

66 mths ago

You can't just take them but if the court decides ihis objection is unreasonable and it's in the childrens interests to go etc they can over rule him.

66 mths ago

GODfm is right , again.

66 mths ago

let me start by saying that am a male single father, with sole custody, and it is not good enough, one would have to have sole custody and sole guardianships over the child!! according to my legal sources!! better get hold of the other parent and try find a compromise however we know hod difficult most EXs can be!! if he/she refuses to co-operate, there are legal recourses, however expensive! the only other hope is if you dont know the wear abouts of the other parent, such as my case she has not seen my son since 1996!! witch will still involve all kinds of read tape, thats why my son does not have a passport yet, just afew extra years and he can then get his own passport!! hope this helps!

66 mths ago

Sorry Charlotte, but what you say is wrong. I was in that situation, even after my sons father hasn't seen him for 5 years since the age of two. He also did not pay any maintenance and I still couldn't take him out of the country. After a long court case, a very good lawyer and a empty wallet I was awarded sole custody, after which we were able to moved to France.

Source: Own experience

66 mths ago

This will certainly end up in court.

66 mths ago

Firstly do the children have their individual passports? because the father has to sign to apply for passports. You cannot take them abroad without the father's consent otherwise you can be charged with kidnapping. You do not mention if it is for a holiday or to go and stay abroad.

66 mths ago

As a single mother even if you have sole custody you may NOT take the children overseas without the consent of their father. The law is very strict about this. You can apply at the court and they will consider your case. Note that there have been cases where consent was granted by the court but don't just do it without going throught the right legal channels, you will find yourself in a lot of trouble. If you do this without permission, their father can get a court order and bring the children back with him and you will be worse off.

66 mths ago

I am a single mom too but on very good terms with my daughters father she has been overseas both with me and on her own (shes 9) however as we leave SA passport control need to see permission letters and copies of id documents from the other parent not traveling or if unaccompanied letters and id docs from both parents. You/they wont be allowed into another country without these if minors. If not possible to come to an agreement then yes unfortunately the courts will have to be the route to take.

66 mths ago

It would be best for your lawyer and his lawyer to handle this, in the fairest possible way. Don't do anything silly - you will get caught. Also, the airline may ask you for a consent letter. No consent letter - no fly today! That will be a total waste of money spent on airtickets.

66 mths ago

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