Parental responsibilities and rights

The Children’s Act of 2005 defines ‘parental responsibilities and rights’

Parental responsibilities and rights

The Children’s’ Act of 2005 defines ‘parental responsibilities and rights’, in relation to a child, as the responsibilities and the rights referred to in section 18;

18     Parental responsibilities and rights 

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).

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