Chapter 17 - Responsibilities and rights of parents and children

Question 1

Children’s rights

Answer 1

Section 28 of the Children’s Act 38 of 2005 and Section 2 of The Constitution protects the rights of the children.

Question 2

Guardianship

Answer 2

In terms of section 18(3) of the Children’s Act, guardianship refers to administering and safeguarding a child’s property and property interests.

Question 3

Care

Answer 3

Section 1 (1) OF THE ACT

Question 4

Contact

Answer 4

Refers to maintaining a personal relationship with the child and communicating with the child on a regular basis if the child lives with someone else

Question 5

Ways of acquiring parental responsibilities and rights

Answer 5

1. Birth
2. A marriage or civil union with the mother
3. A marriage or civil union between the child’s parents after the child’s birth
4. A permanent life partnership between the parents at the time of the child’s birth
5. Acknowledging paternity, contributing to the child’s upbringing, and contributing to the child’s maintenance
6. A parental responsibilities and rights agreement
7. Assignment by an order of court
8. Appointment in a will
9. Adoption