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

Regulations

General Regulations Regarding Children, 2010

Chapter 3 : Parental Responsibilities and Rights (Sections 18-35 of the Act)

Part I : Parental Responsibilities and Rights Agreements

7. General requirements pertaining to parental responsibilities and rights agreements
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(1)A parental responsibilities and rights agreement must—
(a)be in writing;
(b)be in a form identical to Form 4;
(c)contain particulars of those aspects pertaining to the care of, contact with, financial responsibility for the child; and
(d)contain incidental matters related to the upbringing of the child or children that are being conferred by the mother or other person having parental responsibilities and rights upon the biological father or any other person having an interest in the care, well-being and development of the child.

 

(2)Form 4 must be attached to the application for registration of the parental responsibilities and rights agreement as contemplated in sub-regulation (1).

 

(3)Where parental responsibilities and rights agreement is to be made an order of the High Court, that agreement may contain particulars relating to the guardianship of the child.

 

(4)Where parental responsibilities and rights are to be exercised in substantially the same manner by the biological father or any other person or persons having an interest in the care, well-being and development of the child with respect to more than one child in the same family, such parental responsibilities and rights agreement must be completed for each child.

 

(5)The applicant or applicants for the registration of a parental responsibilities and rights agreement must file copies of such agreement with the family advocate, children's court or High Court, as the case may be, to enable each co-holder of parental responsibilities and rights to retain a copy of the registered agreement.

 

(6)Where a family advocate is required to satisfy himself or herself as contemplated in section 22(5) of the Act that a parental responsibilities and rights agreement is in the best interests of the child, this must be done in a form identical to Form 5.