Relocation with my minor child to the United States of America, New York (Consent and Refusal) – Advocate Muhammad Abduroaf
The world is becoming a much smaller place, and technology plays a huge role. People are moving across the world for employment, love, and happiness, something that was not the norm a few decades ago. There is no reason why you should remain in South Africa if you can find a better life for yourself and your family overseas. Moving overseas may provide you with the quality of life you want or the possibility of experiencing things you have always wanted.
Relocation of your minor child to New York, the United States of America
If you are single and do not have any minor children, then moving around the world would not be too complicated. All you need to do is ensure that you have the necessary travel documentation and travel ticket (and spending money), and off you go. However, if you want to travel with your minor child or relocate to another country, things may not be that simple. Firstly, if there is another parent, and he or she has parental responsibilities and rights, then his or her consent is required. For example, let us say you live in Cape Town or Johannesburg, and you want to relocate to Miami or New York, the United States of America, you would require the other parent’s consent to leave South Africa with your minor child. This can cause challenges, especially if the staying parent does not agree to the relocation.
Why Relocate to New York City? 20 Reasons to Make the Move
New York City, often referred to as “The City That Never Sleeps,” is a global metropolis renowned for its energy, diversity, and opportunity. For individuals considering relocation to the United States, New York offers a unique blend of professional advancement, cultural richness, and urban sophistication. Below are twenty compelling reasons why relocating to New York City could be a transformative and rewarding decision.
1. Global Economic Hub
New York City is one of the world’s leading financial centres, home to Wall Street, the New York Stock Exchange, and countless multinational corporations. Professionals in finance, law, media, and technology find unparalleled career opportunities here.
2. Diverse Job Market
Beyond finance, NYC offers thriving industries in healthcare, education, fashion, hospitality, and the arts. The city’s dynamic economy supports a wide range of professions and entrepreneurial ventures.
3. World-Class Education
New York is home to prestigious institutions such as Columbia University, New York University (NYU), and The City University of New York (CUNY), offering exceptional academic and research opportunities.
4. Cultural Capital of the World
From Broadway and the Metropolitan Museum of Art to jazz clubs and street performances, New York’s cultural scene is unmatched. The city is a global leader in arts, music, theatre, and literature.
5. Unmatched Diversity
New York is one of the most ethnically and culturally diverse cities in the world. Residents from every corner of the globe contribute to a rich tapestry of languages, traditions, and cuisines.
6. Culinary Excellence
With thousands of restaurants representing virtually every cuisine imaginable, New York is a paradise for food lovers—from Michelin-starred dining to authentic street food.
7. Public Transportation
The city’s extensive subway and bus system makes commuting efficient and affordable, reducing the need for personal vehicles and supporting a more sustainable lifestyle.
8. Iconic Landmarks
Living in New York means being surrounded by world-famous landmarks such as Central Park, Times Square, the Statue of Liberty, and the Empire State Building.
9. Vibrant Neighbourhoods
Each borough and neighbourhood has its own distinct character—from the artistic vibe of Brooklyn to the historic charm of Harlem and the upscale elegance of Manhattan’s Upper East Side.
10. International Connectivity
New York’s airports (JFK, LaGuardia, and Newark) offer direct flights to virtually every major city in the world, making international travel convenient and accessible.
11. Legal and Professional Networks
For legal professionals, New York offers access to top law firms, courts, and legal institutions, making it a strategic location for career growth and networking.
12. Innovation and Startups
The city is a growing hub for tech startups and innovation, supported by incubators, venture capital, and a collaborative entrepreneurial ecosystem.
13. Healthcare Excellence
New York boasts some of the best hospitals and medical research centres in the world, including Mount Sinai, NYU Langone, and NewYork-Presbyterian.
14. Educational Opportunities for Families
Families benefit from a wide range of public, private, and charter schools, many of which offer specialised programs in arts, sciences, and international studies.
15. Legal Protections and Civil Liberties
New York has progressive laws and policies that protect individual rights, support diversity, and promote inclusion across all communities.
16. Endless Entertainment
From concerts and film festivals to sports events and nightlife, New York offers entertainment options for every interest and lifestyle.
17. Green Spaces
Despite its urban density, New York offers beautiful parks and green spaces, including Central Park, Prospect Park, and the High Line, providing residents with places to relax and recharge.
18. Historic Significance
New York is steeped in history, from Ellis Island and the immigrant experience to its role in shaping American culture, politics, and civil rights.
19. High Standard of Living
While the cost of living is high, the quality of services, infrastructure, and amenities available in New York contributes to a high standard of urban living.
20. A City of Dreams
New York is a place where ambition meets opportunity. Whether you’re pursuing a career, education, or personal growth, the city inspires individuals to dream big and achieve more.
Conclusion
Relocating to New York City is more than a change of address—it’s an invitation to be part of a global community that thrives on diversity, innovation, and excellence. Whether you’re a professional seeking advancement, a student pursuing world-class education, or a family looking for vibrant living, New York offers a dynamic and enriching environment to call home.
What about Passport Consent to travel or relocate to New York, the United States of America?
The same applies when it comes to your minor child applying for a South African passport to relocate to the United States of America, or any country. Both parents who have parental responsibilities and rights of guardianship will have to consent to the minor child’s passport application. In this regard, both parents have to be at the Department of Home Affairs when making the Application with the minor child. This can be challenging if you have a disinterested parent who does not want to cooperate with the passport application.
What are the steps to follow when I want to relocate to New York, the United States of America, with my minor child?
To simplify the process for relocation, the first step would be to receive the other parent’s consent in principle for the relocation and that he or she will cooperate in this regard. Once that has been resolved, the parent relocating would need to make the appointment for the minor child’s passport application as well as the application for the relevant VISA. Each country has different requirements; however, seeing that it is a relocation, you need to apply for the correct VISA. For that, you need the Passport.
Once the visa and travel arrangements have been finalised, the parent remaining behind will sign a parental consent letter for the international travel. That letter can be found on the Department of Home Affairs website. Basically, the parent remaining behind would state that he or she gives consent for the minor child to leave the Republic of South Africa.
What can I do if the other parent does not want to consent to the minor child’s relocation to the United States of America?
If the parent remaining in South Africa does not want to consent to the minor child’s passport application and/or his or her relocation to New York, the United States of America, then you would need to approach the Court. The Court, as the upper guardian of the minor child, may order that the parents’ consent for the passport application and relocation be dispensed with. What this entails is submitting Court documents explaining why you want to relocate to New York, the United States of America. The other parent would also have an opportunity to give reasons why he or she objects. At the end of the process, the Court would determine what is in the minor child’s best interests. If it is in the minor child’s best interests to relocate, the Court would make it possible despite the issue of consent.
What is the first step I should take if the other parent does not want to consent to the minor child’s passport application and/or relocation to New York, the United States of America?
If the other parent does not want to consent to the passport application and/or the relocation of the minor child to New York, the United States of America, in that case, we suggest you approach an attorney or advocate (trust account) to assist you with the legal process. He or she would then contact the other parent, explaining the reasons for the relocation and requesting the necessary consent. If the parent remaining in South Africa still does not agree to the passport application and/or to the relocation to New York, the United States of America, then the attorney or advocate will proceed to take the matter to court. The legal route can be expensive. However, it is necessary to make the relocation of the minor child possible.
