Children's Act, 2005 (Act No. 38 of 2005)

Chapter 3 : Parental Responsibilities and Rights

Part 2 : Co-exercise of parental responsibilities and rights

30. Co-holders of parental responsibilities and rights
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(1)More than one person may hold parental responsibilities and rights in respect of the same child.

 

(2)When more than one person holds the same parental responsibilities and rights in respect of a child, each of the co-holders may act without the consent of the other co-holder or holders when exercising those responsibilities and rights, except where this Act, any other law or an order of court provides otherwise.

 

(3)A co-holder of parental responsibilities and rights may not surrender or transfer those responsibilities and rights to another co-holder or any other person, but may by agreement with that other co-holder or person allow the other co-holder or person to exercise any or all of those responsibilities and rights on his or her behalf.

 

(4)An agreement in terms of subsection (3) does not divest a co-holder of his or her parental responsibilities and rights and that co-holder remains competent and liable to exercise those responsibilities and rights.