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

Regulations

Regulations relating to Children's Courts and International Child Abduction, 2010

Chapter I : Definitions

1. Definitions

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In these Regulations any word or expression to which a meaning has been assigned in the Act has the meaning so assigned to it and, unless the context otherwise indicates—

 

"applicant"

includes  any  person,  institution  or  body  vested  with  parental  authority  that  applies  for  assistance under the Hague Convention;

 

"apply"

means making a formal written request under the Hague Convention and "application" has a  corresponding meaning;

 

"Chief Family Advocate"

means the Chief Family Advocate referred to in section 276(1)(a) of the Act;

 

"chairperson of the pre-hearing conference"

means the person who sets up and conducts a pre-hearing conference as provided for in section 69(4)(a) of the Act;

 

"clerk"

means a clerk of the children's court;

 

"court"

means a children's court;

 

"day"

does not include a Saturday, Sunday or public holiday;

 

"department"

means the Department of Justice and Constitutional Development;

 

"Director-General"

means  the Director-General of  the department, or a person delegated by him or her;

 

"facilitator"

means a facilitator of a family group conference as provided for in regulation 13(1) of  these Regulations;

 

"family group conference"

means a family group conference as provided for in section 70 of the Act  and regulation 13 of these Regulations;

 

"Hague Convention"

for purposes of Chapter IV of these Regulations, means the Hague Convention  on International Child Abduction;

 

"lay forum"

means a lay forum as provided for in section 71 of the Act and regulation 14 of the Regulations;

 

"pre-hearing conference"

means a pre-hearing conference as provided for  in section 69 of  the Act and regulation 12 of these Regulations;

 

"regional head"

means the person appointed in the position of manager of each of the nine regional offices of the department;

 

"respondent",

for the purposes of Chapter IV of these Regulations, includes a person who removed or retained a child, or who prevented the exercise of rights of access to a child; and

 

"the Act"

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