How do I terminate parental responsibilities and rights in respect of a minor child?
A parent may either have full or specific parental responsibilities and rights in respect of a minor child. These responsibilities and rights are defined in Section 18 of the Children’s Act, 38 of 2005 (hereinafter referred to as “the Act”).
Sometimes, the circumstances surrounding a minor child materially change, which may lead to the best interests of the minor child being prejudiced.
In order to avoid any potential harm from befalling a minor child, an application in terms of Section 28 of the Act should be launched. The High Court, a divorce court in a divorce matter or children’s court, may make the following orders:
An order suspending for a period, or terminating, any or all of the parental responsibilities and rights which a specific person has in respect of a child;
An order extending or circumscribing the exercise by that person of any or all of the parental responsibilities and rights that person has in respect of a child;
When considering such an application the court must consider:
The best interest of the child.
The relationship between the child and the person whose parental responsibilities and rights are being challenged.
The degree of commitment that the person has shown towards the child; and
Any other factor that should, in the opinion of the court, be taken into account.
The following are instances that will result in the termination of parental responsibilities and rights:
When the parents are found guilty of trafficking their children for purposes of sexual exploitation.
When the person having parental responsibilities and rights wilfully fails to fulfill his/ her parenting responsibilities and rights when able to do so.
Should you require any assistance with an application of this nature, please do not hesitate to contact Lizette Ferns, our family law specialist, at 041 363 6044 or info@kaplans.co.za for sound legal advice.
コメント