Parental Rights
In the Children’s Act the focus is not on parental authority and rights, but on the child’s rights. The Act provides that the best interests of the child are of paramount importance and must be applied and considered in all matiers concerning the care, protection and well-being of the child. The Act sets out an exhaustive list of factors that should be taken into account when considering what is in the child’s best interests.
PARENTAL RESPONSIBILITIES AND RIGHTS.
Parental responsibility is the responsibility and right to care for and maintain contact with the child, act as guardian, and contribute to monthly maintenance.
BIOLOGICAL MOTHER.
The biological mother, whether she is married or not, has full parental responsibilities.
MARRIED BIOLOGICAL FATHER
The biological father has full parental responsibilities and rights in respect of the child if: he was married to the child’s mother at the time of the child’s conception and birth; he is married to the child’s mother; or they are or were married at any time after the birth.
UNMARRIED BIOLOGICAL FATHERS
The Children’s Act still does not confer automatic, parental rights and responsibilities on fathers in the same way it does for mothers. An unmarried biological father will only have parental rights and responsibilities only if:
- At the time of the child’s birth, they were living as husband and wife though unmarried.
- Or he consents to be identified as the father of the child.
- And/or he applies to be registered as the biological father of the child in terms of the Births and Deaths Registration Act.
- Or he pays damages in terms of customary law.
- He contributes or has attempted to contribute to the upbringing of the child within a reasonable period and has paid or attempted to pay maintenance.
DISPUTES.
If there is a dispute between the parents over their parental rights and responsibilities then the either parent
- Can apply at the Magistrates Court in the area where the child lives for assistance.
- Can contact us directly for assistance.