FACILITATION SESSION- FAMILY

LAW SU 10
30/08/2023
PLEASE ADD THE FOLLOWING INFORMATION TO THE CHAT BOX:

[ ]
INITIAL + SURNAME
STUDENT NUMBER
PARENTAL RESPONSIBILITIES AND RIGHTS
• Chapter 3
• Section 18- Parental responsibilities and rights
• A person may have either full or specific parental responsibilities and rights in respect of a child
• Parental responsibilities and rights include
• to care for the child
• to maintain contact with the child
• to act as guardian of the child
• to contribute to the maintenance of a child

• parent or other person who acts as a guardian of a child must

• administer and safeguard the child's property and property interest
• assist or represent the child in administrative contractual and other legal matters
• give or refuse any consent required by law
PARENTAL RESPONSIBILITIES AND RIGHTS
• Chapter 3
• Section 19- parental responsibilities and rights of mothers
• The biological mother of a child, whether married or unmarried, has full parental responsibilities and
rights and respect of a child
• If the biological mother of a child, is also an unmarried child who does not have guardianship in
respect of the child and the biological father of the child does not have guardianship in respect of the
child, the guardian of the child's biological mother is also the guardian of the child.
• This section does not apply in respect of a child is the subject of a surrogacy agreement
PARENTAL RESPONSIBILITIES AND RIGHTS
• Chapter 3
• Section 20- parental responsibilities and rights of married fathers
• the biological father of a child has full parental responsibilities and rights in respect of the child
• if he is married to the child's mother
• if he was married to the child's mother at the time of the child's conception, child’s birth, or any time between the child's
conception and birth
PARENTAL RESPONSIBILITIES AND RIGHTS
• Chapter 3
• Section 21- parental responsibilities and rights of unmarried fathers
• the biological father of a child who does not have parental responsibilities and rights in respect of the child in
terms of section 20, acquires full parental responsibilities and rights in respect of the child
• if at the time of the child's birth he is living with the mother in permanent life partnership
• if he, regardless of whether he has lived or is living with the mother, consent to be identified or successfully applies in terms
of section 26 to be identified as the child's father or pays damages in terms of customary law, contributes or has attempted
in good faith to contribute to the child's upbringing for a reasonable period, And contributes or has attempted in good faith
to contribute towards expenses in connection with the maintenance of the child for a reasonable period.
• This section does not affect the duty of a father to contribute towards the maintenance of the child
• if there's a dispute between the biological father and the biological mother of a child with regards to the
fulfillment by that father of the conditions set out, the matter must be referred for mediation to a family
advocate, social worker, social service professional or other suitable qualified person.
• Any party to the mediation may have the outcome of the mediation reviewed by a court.
GUARDIANSHIP
• Any person who has an interest in the care , well-being or development of a child may apply to the High
Court in terms of section 24 for an order granting guardianship of the child to the applicant.
• The following are taken into account:
• the best interest of the child
• the relationship between the applicant and the child, and any other relevant person and the child
• any other fact that should in the opinion of the court be taken into account
QUESTIONS
• What is meant by care? Where can you find it? What do you know about care?
QUESTIONS
• What does contact entail?
QUESTIONS
• Explain your understanding of the best interest of the child, and where to find it.
PAST QUESTIONS
• A and B are busy with divorce proceedings. They were married in community of property for 16
years. Both are 45 years old with degrees in IT. She has however not worked as she raised the
children. They agree on everything except who the children should stay with. The children are 14 and
8 years old. Both girls. A (mother) is of the opinion that the girls should stay with her, as she is the
mother. B (father) is of the opinion that he can financially look better after them. Give your legal
opinion and advice on how the solve the matter.
a. The role and functions of the family advocate (1)
b. The validity of the maternal preference rule, as claimed by Ms A [5]
c. Whether the court will consider the views expressed of the children? [4]
RELOCATION CASE
• Facts (4-5)
• Issue statement- What was the legal issue at hand? What question was the judge trying to answer?
• Rule- what legal principle was created from this case? (If they give you a scenario, what about this case
can you apply?)
• Analysis- Why did the court come to the conclusion it did?
• Conclusion- Was the case won or denied?