Immigrating with children post-divorce in South Africa can be a complex process, especially when it comes to complying with the legal requirements and documentation. Here's what you need to know to navigate the process and ensure that your children's immigration is successful.

What are the Legal Requirements for Immigration of Children Post-Divorce?

When it comes to immigration of children post-divorce in South Africa, there are several legal requirements that need to be met, including:

• Consent: If one parent is immigrating with the children, they will need to obtain the other parent's consent or a court order granting them permission to do so.

• Contact (Custody): If the parents have joint care and contact, both parents will need to give consent for the children to immigrate.

• Documentation: Children will need to have their own passports, and both parents' consent will be required to obtain them.

• Visa requirements: The immigration laws and visa requirements of the destination country will need to be complied with.

What Documents are Required for Immigration of Children Post-Divorce?

To immigrate with children post-divorce, the following documentation will typically be required:

• Children's passports.

• Consent forms or court orders granting permission for the children to immigrate.

• Birth certificates.

• Marriage certificate or divorce decree.

• Proof of financial support.

• Visa application forms and supporting documents.

What Issues may Arise during the Immigration Process?

Several issues may arise during the immigration process, including:

• Disagreements between parents regarding consent.

• Care and contact (Custody) disputes.

• Difficulty obtaining necessary documentation.

• Visa application delays or denials.

How can Parents Ensure a Successful Immigration Process?

To ensure a successful immigration process, parents should consider the following:

• Work with a family law attorney who is knowledgeable about immigration laws and requirements.

• Obtain all necessary documentation well in advance of the immigration date.

• Ensure that both parents are aware of and agree to the immigration plan.

• Consider obtaining a court order granting permission to immigrate to avoid potential disagreements.

• Follow all immigration laws and requirements in the destination country.

Conclusion

Immigrating with children post-divorce in South Africa can be a complex and challenging process. By understanding the legal requirements, obtaining all necessary documentation, and working with a family law attorney, parents can ensure a successful immigration process. It's essential to obtain the other parent's consent or a court order granting permission to avoid potential disagreements, and to comply with all immigration laws and requirements in the destination country. With proper planning and preparation, parents can successfully immigrate with their children and start a new life.

Barter McKellar’s family lawyers have extensive experience with assisting parents post-divorce with immigration issues and applications. If you would like to find out more, contact our offices.