Who has parental Rights and Responsibilities?
Both parents have equal responsibilities and rights with regards to the children. When parents separating, both parents have to decide where will the child stay, and what will be the contact rights of the parents. In general, the mother and the father of the child must think of people to involve in terms of the best interest of the child. Lonwabo, the man being interviewed on the show sounds like he had no one to back him up, but the mother of their child had her mother to interfere and dominate in terms of where the child must stay and the changing of the school of the child.
What is a parenting Plan?
A parenting plan can be defined as an agreement of parental rights and responsibilities where there are arrangements in which parental rights and responsibilities are practiced.
Parental plan includes: 1. where and with whom the children is to live
2. The maintenance of the child
3. Contact between the child and any of the parties
4. The schooling and religious upbringing of the child.
How is care divided?
The court will consider the welfare of the child before deciding who is awarded care of the child. The interest and wishes of the parents will be regarded as being of secondary importance.
Here are the factors the court will take into account when deciding who is awarded care of the child.
1. The child’s age and sex
2. The amount of contact the child has had with each parent
3. The record of each party as a parent
4. The child’s feeling of security and being wanted
5. The child’s physical, moral, emotional and religious well being
6. The accommodation and educational facilities each can offer
What happen when care is not awarded to the parents?
The court might award care to another relative, such as the grandparent of the child. When care is awarded to anyone other than the parents, the court will consider the following.
1.The child’s relationship with that person
2. The amount that the other person has contributed to the expenses of the child regarding birth and maintenance.
3. The degree of commitment the other person has towards the child
4. And the child’s best interest
The parent who have not been awarded care of the child, is entitle to reasonable contact as per section 35 of children’s Act sub section 19, 20 and 21.
Can the care order be changed?
The care order can be changed; the parent who wants to change the order must prove that the existing order is detrimental to the child and that changing the order is in the child best interest. Court order continues until the age of 18 or until the child becomes self-supporting.
For more information, please visit http://www.childlinesa.org.za
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