Maintenance Act, 1998
R 385
Children's Act, 2005 (Act No. 38 of 2005)Chapter 3 : Parental Responsibilities and RightsPart 1 : Acquisition and loss of parental responsibilities and rights28. Termination, extension, suspension or restriction of parental responsibilities and rights |
| (1) | A person referred to in subsection (3) may apply to the High Court, a divorce court in a divorce matter or a children's court for an order— |
| (a) | suspending for a period, or terminating, any or all of the parental responsibilities and rights which a specific person has in respect of a child; or |
| (b) | extending or circumscribing the exercise by that person of any or all of the parental responsibilities and rights that person has in respect of a child. |
| (2) | An application in terms of subsection (1) may be combined with an application in terms of section 23 for the assignment of contact and care in respect of the child to the applicant in terms of that section, |
| (3) | An application for an order referred to in subsection (1) may be brought— |
| (a) | by a co-holder of parental responsibilities and rights in respect of the child; |
| (b) | by any other person having a sufficient interest in the care, protection, well-being or development of the child; |
| (c) | by the child, acting with leave of the court; |
| (d) | in the child’s interest by any other person, acting with leave of the court; or |
| (e) | by a family advocate or the representative of any interested organ of state. |
| (4) | When considering such application the court must take into account- |
| (a) | the best interests of the child; |
| (b) | the relationship between the child and the person whose parental responsibilities and rights are being challenged; |
| (c) | the degree of commitment that the person has shown towards the child; and |
| (d) | any other fact that should, in the opinion of the court, be taken into account. |
