Summary on children and the law, adopted children, acquisition of parental rights and responsibilities, maintenance and all relevant sections are listed and explained. Case summaries such as Fraser, Townsend turner and more. All cases needed for family law exam are summaries into an easier to under...
FALA6211 LU 5
Theme 1- Children and the law
LO’s
Provide an overview of s28 of the Constitution
Discuss specific provisions of the children’s act relating to the obligations of the state in
relation to children
Discuss the impact of the Constitution on the rights of children
Case law: Soller NO v G 2003
Legislation:
Mediation in Certain Divorce Matters Act 24 of 1987
Children’s Act 2005
Theme 2- Acquisition of Parental rights and Responsibilities by birth
LO’s
Apply the law as it relates to paternity
Evaluate the relevant sections of the children’s Act as they relate to the acquisition of
parental rights and responsibilities:
S21- PRR requirements of unmarried father
S22- PRR agreement with the mother of child (2nd step if lacking above criteria)
S23- Any person can apply for order for care or contact with child
S24- Any person may apply for an order granting guardianship of child
The meaning of ambit care, contact, guardianship and maintenance
Explain how parental rights and responsibilities are terminated and the consequences
thereof
Case law:
Townsend-Turner v Morrow 2004
Fraser v Children’s Court
YM v LB
JG v CG
1
, Parental rights and responsibilities
- Can be shared by several people
- Person can have full or specific PRR in relation to a child
Concept includes the following:
1. To care for the child
2. To act as guardian of the child
3. To contribute to the maintenance of the child
“Care”
1. Providing child with a suitable place to live
2. Living conditions that are conducive to child’s health
3. Necessary financial support
4. Promoting well being of the child
5. Protecting child from abuse and neglect
6. Accommodating any special needs that the child may have
7. Ensuring the best interests of the child is the paramount concern in all matters
affecting the child
YG v S- High Court banned chastisement as it is unconstitutional as it infringes on a number
of children’s rights in the bill of rights- moving to more humane approach.
Guardianship
Childrens Act repealed the Guardianship Act
Children’s Act 18(3) a parent who acts as a guardian of a child must:
1. Assist or represent the child in administrative, contractual, and other legal matters
2. Give or refuse consent to child’s marriage, child’s adoption, child’s departure, child’s
application for a passport
Each person can independently make decisions regarding the child, except for the above
actions. With regard to those, guardians cannot act or make decisions alone but must obtain
the consent of the other guardians. A court can order that a guardian is unreasonable
withholding consent, therefore opening the way for one guardian to act without the consent
of the other.
Maintenance
Unmarried biological father had responsibility to pay maintenance for his child, but this did
not give him any automatic rights in respect of the child. The children’s act has changed this
because it has made maintenance one of the elements of parental’s rights and
responsibilities. One of the actions an unmarried father must take to qualify
automatically to obtain PRR is to pay maintenance.
Acquisition of parental responsibilities and rights
2
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