Children's Act, 2005 (Act No. 38 of 2005)Chapter 3 : Parental Responsibilities and RightsPart 2 : Co-exercise of parental responsibilities and rights31. Major decisions involving child |
| (1) |
| (a) | Before a person holding parental responsibilities and rights in respect of a child takes any decision contemplated in paragraph (3) involving the child, that person must give due consideration to any views and wishes expressed by the child, bearing in mind the child’s age, maturity and stage of development. |
| (b) | A decision referred to in paragraph (a) is any decision— |
| (i) | in connection with a matter listed in section 18(3)(c); |
| (ii) | affecting contact between the child and a co-holder of parental responsibilities and rights; |
| (iii) | regarding the assignment of guardianship or care in respect of the child to another person in terms of section 27; or |
| (iv) | which is likely to significantly change, or to have an adverse effect on, the child’s living conditions, education, health, personal relations with a parent or family member or, generally, the child’s well-being. |
| (2) |
| (a) | Before a person holding parental responsibilities and rights in respect of a child takes any decision contemplated in paragraph (b), that person must give due consideration to any views and wishes expressed by any co-holder of parental responsibilities and rights in respect of the child. |
| (b) | A decision referred to in paragraph (a) is any decision which is likely to change significantly, or to have a significant adverse effect on, the co-holder’s exercise of parental responsibilities and rights in respect of the child. |