Guardianship of minor children

18 Mar 2024

In South Africa, the High Court holds the position of supreme guardian over all minor children. This is in line with the foundational principle of the South African Constitution that emphasises the supreme importance of a child’s best interests. Understanding the role and responsibilities of a guardian is crucial in this context. Essentially, guardianship involves legally acquiring the authority to make decisions on behalf of another person, particularly a minor. The Children’s Act, specifically Section 18, governs how the guardianship of minors is to be handled.

Eligibility for applying for guardianship:

Guardianship applications can be submitted by any individual who demonstrates a genuine interest in the welfare of a child. The following criteria are considered by the court when deciding on a guardianship application:

Child’s best interest: This is the primary consideration and is of paramount importance in any decision-making.

Relationship with the minor: The court examines the nature and extent of the existing relationship between the child and the applicant.

Contribution to care and maintenance: The degree to which the applicant has been involved in the child’s life, especially in terms of care and support.

Other pertinent factors: Any additional factors that the court finds relevant to the application will be considered in the decision to grant guardianship.

Duration of guardianship:

Once established by a court order, guardianship of a minor remains effective until the child turns 18. However, it is important to note that a guardian has the right to petition the High Court if they believe that continuing the guardianship is no longer in the best interest of the child. This allows for a flexible approach, ensuring that the child’s needs and circumstances are always given priority.

This legal framework ensures that the interests of the child are protected and that any decision regarding guardianship is taken with the utmost care and consideration of all relevant factors.

Article sourced from SchoemanLaw Inc.

See also:

• Guardians of the galaxy… The needs & requirements of minor children
• Functions of the Family Advocate
• Safeguarding the vulnerable – A look into South Africa’s Guardian’s Fund
• Law: The ultimate protective parent

(This article is provided for informational purposes only and not for the purpose of providing legal advice. For more information on the topic, please contact the author/s or the relevant provider.)