Children's Act, 2005 (Act No. 38 of 2005)

Chapter 3 : Parental Responsibilities and Rights

Part 1 : Acquisition and loss of parental responsibilities and rights

18. Parental responsibilities and rights

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(1)A person may have either full or specific parental responsibilities and rights in respect of a child.

 

(2)The parental responsibilities and rights that a person may have in respect of a child, include the responsibility and the right—
(a)to care for the child;
(b)to maintain contact with the child;
(c)to act as guardian of the child; and
(d)to contribute to the maintenance of the child.

 

(3)Subject to subsections (4) and (5), a parent or other person who acts as guardian of a child must—
(a)administer and safeguard the child’s property and property interests;
(b)assist or represent the child in administrative, contractual and other legal matters; or
(c)give or refuse any consent required by law in respect of the child, including—
(i)consent to the child’s marriage;
(ii)consent to the child’s adoption;
(iii)consent to the child’s departure or removal from the Republic;
(iv)consent to the child’s application for a passport; and
(v)consent to the alienation or encumbrance of any immovable property of the child.

 

(4)Whenever more than one person has guardianship of a child, each one of them is competent, subject to subsection (5), any other law or any order of a competent court to the contrary, to exercise independently and without the consent of the other any right or responsibility arising from such guardianship.

 

(5)Unless a competent court orders otherwise, the consent of all the persons that have guardianship of a child is necessary in respect of matters set out in subsection (3)(c).