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).