, Aims
This topic covers the basic legal principles relating to relationships between
parents and children and how parental rights and responsibilities are generally
acquired.
At the end of this section you should be able to discuss and explain the
concepts and rules below. You should also be able to identify and apply the
rules relating to acquisition of the different forms of parental rights and
responsibilities to a simple problem.
Who is a child?
Levels of legal norms which apply to children
International legal norms – the Convention on the Rights of the Child
and the African Charter on the Rights and Welfare of the Child.
The Constitution s28
The Children’s Act and common law
Parental rights and responsibilities
Full and specific parental rights and responsibilities
Care or custody
Contact or access
Guardianship
Maintenance
Acquiring parental rights and responsibilities
Biological mothers
Biological unmarried fathers
Married fathers
Presumptions of paternity
Co-holders of parental rights and responsibilities
Termination, extension, suspension or restriction of parental rights and
responsibilities
Aims 1
, Skills:
Finding, reading and interpreting legislation
Finding South African cases
Identifying the elements of cases
Distinguishing between legal and non-legal arguments
Formulating basic legal arguments
Sources:
Law of Persons and the Family, Barratt et al part 2: chapter 2
Children’s Act
Constitution of the Republic of South Africa s 28
KLVC v SDI [2015] 1 All SA 532 (SCA)
RC v HC (citation omitted, because students must find this case for
themselves)
Wilsnach v TM 2021 (3) SA 568 (GP)
Aims 2
This topic covers the basic legal principles relating to relationships between
parents and children and how parental rights and responsibilities are generally
acquired.
At the end of this section you should be able to discuss and explain the
concepts and rules below. You should also be able to identify and apply the
rules relating to acquisition of the different forms of parental rights and
responsibilities to a simple problem.
Who is a child?
Levels of legal norms which apply to children
International legal norms – the Convention on the Rights of the Child
and the African Charter on the Rights and Welfare of the Child.
The Constitution s28
The Children’s Act and common law
Parental rights and responsibilities
Full and specific parental rights and responsibilities
Care or custody
Contact or access
Guardianship
Maintenance
Acquiring parental rights and responsibilities
Biological mothers
Biological unmarried fathers
Married fathers
Presumptions of paternity
Co-holders of parental rights and responsibilities
Termination, extension, suspension or restriction of parental rights and
responsibilities
Aims 1
, Skills:
Finding, reading and interpreting legislation
Finding South African cases
Identifying the elements of cases
Distinguishing between legal and non-legal arguments
Formulating basic legal arguments
Sources:
Law of Persons and the Family, Barratt et al part 2: chapter 2
Children’s Act
Constitution of the Republic of South Africa s 28
KLVC v SDI [2015] 1 All SA 532 (SCA)
RC v HC (citation omitted, because students must find this case for
themselves)
Wilsnach v TM 2021 (3) SA 568 (GP)
Aims 2
