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Legal Aid South Africa Act, 2014 (Act No. 39 of 2014)

Regulations

24. Types of Children's Act matters where legal representation can be ordered in terms of section 55 of the Children's Act

 

(1) Legal aid may be granted to a child to obtain legal representation to ensure that a parental responsibilities and rights agreement, as contemplated in section 22 of the Children’s Act, is in the best interests of that child.

 

(2) Legal aid may be granted to any person who has an interest in the care, well-being or development of a child to apply to the High Court, a regional court or to the children’s court, as the case may be, for an order granting the legal aid applicant contact with that child or for the care of that child, as contemplated in section 23 of the Children’s Act.

 

(3) Legal aid may be granted to any person who has an interest in the care, well-being and development of a child to apply to the High Court for an order granting guardianship of that child to the legal aid applicant, as contemplated in section 24 of the Children’s Act.

 

(4) Legal aid may be granted to any male person who is not married to the mother of a child, and who is, or claims to be, the biological father of that child, to apply to a court for an order for confirmation of his paternity of that child if the child’s mother—
(a) refuses to consent to an amendment to be effected to the registration of birth of the child;
(b) is incompetent to give such consent;
(c) cannot be located; or
(d) is deceased,

as contemplated in section 26 of the Children’s Act.

 

(5) Legal aid may be granted to any person to apply to the High Court, a regional court or a children’s court, as the case may be, for an order—
(a) suspending for a period;
(b) terminating;
(c) extending; or
(d) limiting,

any or all of the parental responsibilities and rights which a specific person has in relation to a child, as well as, if appropriate, an application for the assignment of contact and care over that child to the legal aid applicant, as contemplated in sections 23 and 28 of the Children’s Act.

 

(6) Legal aid may be granted to any person to apply to the court for the adoption of a child, as contemplated in the Children’s Act.

 

(7) Legal aid may be granted to any child to obtain a legal representative to represent that child in all applications under the Hague Convention, if the requirements of section 55 of the Children’s Act are met.