Children's Act, 2005 (Act No. 38 of 2005)RegulationsGeneral Regulations Regarding Children, 2010Chapter 3 : Parental Responsibilities and Rights (Sections 18-35 of the Act)Part I : Parental Responsibilities and Rights Agreements8. Mediation and participation of child concerning parental responsibilities and rights |
| (1) | A family advocate, social worker, social service professional or other suitably qualified person who conducts mediation in the case of a dispute between the biological father of the child and the biological mother of the child with regard to the fulfilment by that father of the conditions set out in section 21(1) of the Act, may certify the outcome of that mediation in a form identical to Form 6. |
| (2) | A certificate of non-attendance of the mediation required by section 21(3) of the Act may be completed in a form identical to Form 7 by a family advocate, social worker, social services professional or other suitably qualified person who has notified a respondent to attend such mediation and where such respondent has failed to attend. |
| (3) |
| (a) | Due consideration must be given to the views and wishes of the child or children in the development of any parental responsibilities and rights agreement, bearing in mind the child's or children's age, maturity and stage of development. |
| (b) | Bearing in mind the child's or children's age, maturity and stage of development, such child or children must be informed of the contents of the parental responsibilities and rights agreement by the family advocate, the children's court, the High Court, a social worker, social service professional, psychologist or the child's or children's legal representative. |
| (4) | Where a child or children referred to in sub-regulation (3) in respect of whom a parental responsibilities and rights agreement is concluded is or are' not in agreement with the contents of the agreement, this should be recorded on the agreement, and the matter referred for mediation by a family advocate, social worker, social service professional or other suitably qualified person. |