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South Africa – Hague
Convention
Some relevant information from the Family Advocate’s Office
How does the Convention work?
The Central
Authority in South Africa applies, on behalf of the applicant, to
the Central Authority of the country to which the child has been
taken. The requested Central Authority or their designated
representative should on receipt of the application, take immediate
steps to:
·
Discover the whereabouts of the child
·
Prevent any further harm to the child
·
Attempt to secure the voluntary return of the child, otherwise
initiate or facilitate judicial or administrative proceedings in
that country with a view to obtain the return of the child to South
Africa or the securing of rights of access to the child
·
Provide or facilitate the provision of legal aid and advice
If a child has been
wrongfully removed to South Africa or retained in South Africa, the
Family Advocate, appointed as Central Authority, will receive the
documents from the other country’s Central Authority. The Family
Advocate will study the application and if the application is well
founded in terms of the legislation, will effect proceedings to
locate and return the minor child.
Checklist for applicants :
In order to
facilitate the processing of an application by the Central Authority
for the R.S.A., the parent left behind or the parent seeking to
secure effective exercise of rights of access/visitation must ensure
that the application contains the following documents:
·
Prescribed questionnaire in English
·
Recent
photographs of the child(ren) and of the abducting parent
·
Certified copies of birth certificates, preferably unabridged
·
Proof
of parental rights, such as court orders (and agreements of
settlement, where applicable) regarding the custody, access &
guardianship
·
Certified copy of marriage certificate, where applicable
·
Details of the child(ren)'s and/or the abducting parent's
whereabouts or possible location
·
Sworn
translations to English of all relevant documentation, if in a
foreign language
Designation and Contact Details of Central Authority:
The Chief Family
Advocate of South Africa has been appointed as Central Authority for
South Africa .
The Chief Family Advocate for South Africa is Advocate P I Seabi.
Contact Details:
Room 9.36 West
Tower, Momentum City Walk, c/o Prinsloo & Pretorius Streets,
Private Bag X81,
PRETORIA,
0001,
SOUTH AFRICA
Tel:+27 12
357 8021 |
Law of
domicile in South Africa
South Africa and the Hague
Convention
South Africa’s Court
of Appeal has blasted the failure of the courts below to order the
prompt return of a child,
now aged five, who was wrongfully retained in South Africa away from
his then habitual residence in the Netherlands by his mother for 3˝
years. The Court ordered (June 4, 2007) that the child now be
returned immediately to the Netherlands, in compliance with South
Africa’s obligations under the Hague Child Abduction Convention.
Judge Belinda van Heerden
expressed great concern at the “dismal failure” of South Africa’s
courts and its chief family advocate to act expeditiously and to
secure the child’s prompt return, stating that proceedings "in the
present case were anything but expeditious. Some three and a half
years have elapsed from the time of the boy's wrongful retention in
SA in December 2003. The boy has spent most of his young life in
this country.”
Judge van Heerden also stated
that, "The training of South African judicial officers in the
principles and procedures underpinning the convention also appears
to be less than that required by SA's obligations under the
convention. It is to be hoped that these shortcomings will receive
the prompt and proper attention of the relevant authorities."
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