How can I apply for the passport?
I am the mother of an illegitimate child. The child is now 12 years old. The child carries my surname. The father’s name was put on the unabridged birth certificate, due to outside pressure. We have never lived together. The father has never had contact with the child.
He refused to pay child support untill I got a court order, forcing him to. He pays this every month.
When the child was 8 years old, there was a no contact court order made out.
My problem now is as follows:
He and his current wife have recently emmigrated to New Zealand. He did not tell me. I found out from someone else, when I was looking for him, because I need his signature to apply for a new passport for the child.
I managed to find him, still in South Africa. I explained to him I need him to go to the dept of home affairs in his city to go and sign there. I also explained to him that the dept of home affairs now works on a system, where I have to go and apply and he the has only a few hours to go and sign on his side. I also explained that if he does not sign in time, the system would automatically reject the application.
I repeatedly asked him for about 5 days when will he be able to go and sign.
He never replied. He also never told me when he was emmigrating.
He left the next day for New Zealand. He left me an envelope containing his ID and a signed border letter and a signed application form for a passport.
The dept of home affairs rejects this form, as it is old and no longer in use.
I have shown them the no contact order, but I still cannot apply for the passport.
They referred me to the court to get a letter stating that I have custody (a term no longer in use, I know)
The court reffered me back to home affairs, saying I automatically have ‘custody’ because we were never married, we never lived together and because of the no contact order. I get sent back and forth and in the meantime time is running out to be able to get the passport in time.
I am extremy frustrated.
For passport application for minors born out of wedlock, the biological father’s consent is a requirement, taking into account the factors listed in Section 21 of the Children’s Act, 1995. So, the child and both parents are required to be present at the department during submission.
However, like in your case where the father cannot be located or may I say, refusing to consent, your best bet is to approach the Children’s Court. I know you have been to court but you did not specify. You will get appropriate order from the court. You must attach copy of the order to the application and submit.