Protecting your right to parent

05 Apr 2021

How the law helps protect your parenting rights

Every parent wants to make sure that their children are safe, nurtured and secure.

Even if you are unmarried or divorced, the law is on your side when it comes to your rights as a parent.

Let’s take a closer look at how the law helps protect your parenting rights:

According to the Children’s Act of South Africa, even after a divorce, the biological parent of a child still has full parental rights to their children, unless there is a court order that was granted against them.

Caring

This is the right to have a child live primarily with one partner. It also gives the parent the right to supervise the daily life of a child, making sure that their needs are taken care.

Contact

This means having the right to maintain a personal relationship with your child. Practically, this means you must be allowed to see, spend time and communicate with your child.

Guardianship

The right to guardianship means that you have the right to take care of your children’s interests when it comes to legal and other processes. This includes safeguarding your child’s property interests and representing your child in legal matters. You also have to agree and give official consent in situations such as if your child (under the age of 18) gets married, adopted, removed from South Africa or applies for a passport.

Accessing these rights

If the child’s other parent has tried to deny you any of these parental rights – and there is no court order ruling that you are not allowed to access your children – then the law can help.

According to the Children’s Act, the unmarried or divorced biological parent has full parental rights to the child, if certain conditions have been met:

• If you have been legally identified as the parent of the child. This means you would be listed on their birth certificate or would have taken a medical test to prove your biological connection to the child.
• If you have helped or tried to help towards the upbringing of your child for a reasonable time.
• If you have helped or tried to help towards the maintenance expense of your child for a reasonable time.

If the other parent has denied you access to your child, you can apply for the right to care and have contact with them at the Children’s Court.

If you have been denied guardianship rights, you need to apply at the High Court.

If you want both care/contact and guardianship rights, then again the High Court is the authority that can help.

A helping hand for parents

Parents, if you struggle to pay for your child’s needs, such as school fees, you can apply for a child social grant.

The grant is a set amount of money that the government will give you each month to help raise your child.

It applies to children under the age of 18.

To qualify for the grant, a single parent or caregiver must earn R3 300 or less per month. You can apply for a grant at the nearest South African Social Security Agency (SASSA) office, for free.

Article sourced from Legal&Tax.

See also:

• Maintenance matters – Child maintenance
• Dealing with divorce – How to part ways properly according to the Law
• Law of Persons 7e
• Maintenance pending divorce litigation? It is possible!
• Children born out of wedlock – The rights of the biological father
• The rights of children to maternal care – Maternity leave

(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.)