Co-holders of parental responsibilities and rights

The Act defines “parental responsibilities and rights” as being either “full” or “specific”. Parental responsibilities and rights include

• the care of the child,
• contact with the child,
• being a guardian of the child, and
• the paying of maintenance.

A parent may hold all these rights and responsibilities or some of them. The Children’s Act promotes joint parenting.

Care

This right belongs to both parents (married and in some instances, unmarried).Care relates to:

• where the children reside – defined as either “primary” if they stay for most of the time with one parent, or “shared” if they reside equally with both parents; and to
• joint decision-making regarding the children, e.g.: education, medical and dental, religion, emotional and psychological wellbeing and association (who the child spends time with).

GUARDIANSHIP

Both married parents, and unmarried parents (in certain circumstances) are joint guardians and this continues after divorce or separation. It is only in exceptional circumstances that a court will remove a parent’s guardianship.

As guardians, parents sign indemnities and other documents on behalf of their children.

There are, however, circumstances where both guardians need to asset a minor child:

• Application for a passport
• Consent to marry while still a minor
• The adoption of the child
• The removal of the child from South Africa by either parent or by a third party
• The purchase or sale of immovable property (land)

CONTACT

This issue should be dealt with on a case by case basis, always taking into account the child’s views and wishes, as well as the child’s sporting, social, scholastic and religious commitments.

Contact is the child’s right!