THE RIGHTS AND RESPONSIBILITIES IN RESPECT OF A MINOR CHILD ARE THE FOLLOWING:

1. THE RIGHT TO CARE FOR THE CHILD

    

   Where and with whom the child is to reside?

   • A lot of factors are taken in consideration to determine where and with whom the child is to reside.
   • Section 7 of the Children’s’ Act has compiled a checklist in order to determine what will be in the best interest of the minor child.
   • In Mcall v Mcall 1994 (3) 201 (C), the court took the above consideration when deciding where and with whom the child is to reside.

      

2. THE RIGHT TO ACT AS GUARDIAN

   The following are the functions of a guardian:

    

   • Administer and safeguard child’s property and property interests.
   • Assist or represent child in administrative contractual and other legal matters.
   • Give or refuse consent required by law on behalf of child.

    

   In JP v JC and another
   

   • The first issue the Court was faced with was whether the applicant’s decision to relocate to England is bona fide, reasonable and genuinely taken?

    

   • The court had to consider the custodian parent’s interests, the reasonableness of his/her decision to relocate,

    

   • The practical and other considerations on which the decision is based, and

    

   • The extent to which her or she had properly thought the advantages and disadvantages.

    

   • The second issue was what will be in the best interest of the minor children?

    

   • The court had to refer to section 7 of the Children’s Act in order to determine what will be in the best interest of the children.

    

3. THE RIGHT TO MAINTAIN CONTACT

    

   These are arrangements between the child and other associated individuals and includes the right to do the following:
   

   • Remove the minor children every alternative school holidays, weekends, or public holidays, from the primary caregiver’s household; Telephonic contact while in the care of the other parent; and reasonable contact on birthdays, father’s or mother’s day.

    

4. THE RIGHT TO CONTRIBUTE TOWARDS THE MAINTENANCE OF THE CHILD

How maintenance is to be divided

• Factors taken in consideration in terms of Section 15 (2) of the Maintenance Act 99 of 1998 are the following:

• The duty of both parents to support
• Merits of each case
• Fair and reasonable amount

References:

Children’s Act 38 of 2005

Maintenance Act 99 of 1998