Children's Act, 2005 (Act No. 38 of 2005)Chapter 7 : Protection of ChildrenPart 4 : Other protective measures135. Application to terminate or suspend parental responsibilities and rights |
| (1) | The Director-General, a provincial head of social development or a designated child protection organisation may apply to a High Court, a divorce court in divorce matters or a children's court for an order— |
| (a) | suspending for a period, terminating or transferring any or all of the parental responsibilities and rights which a specific person has in respect of a child; or |
| (b) | restricting 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. |
| (2) | An application in terms of subsection (1) may be brought without the consent of a parent or care-giver of the child if the child, at the time of the application— |
| (a) | is older than seven years, and has been in alternative care for more than two years; |
| (b) | is older than three years but not older than seven years, and has been in alternative care for more than one year; or |
| (c) | is three years or younger, and has been in alternative care for more than six months. |
| (3) | Section 29, read with such changes as the context may require, applies in respect of any proceedings in terms of this section. |