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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