By Hannah Mower
When people think of parenting, they often think of mothers caring for their children.
With our new generation of fathers seems to be more hands-on and involved in their children’s lives.
Unfortunately, some parents view maintenance as a punishes tactic if the marriage relationship or marriage broke down irretrievably and forces the father to pay more in respect of maintenance for the minor child (ren).
The Children’s Act No. 38 of 2005
Fortunately, the enactment of the Children Act 38 of 2005 (“Children’s Act”) provides protection for children while also providing some relief for fathers (and mothers). More importantly, the Constitution and the Children’s Act stipulate that the best interests of the child must be protected and considered paramount importance in all matters related to children.
Our courts are increasingly recognizing that mothers and fathers play an important role in a child’s life and that a relationship with both parents is often the best path for the child.
The Children’s Act also outlines the concept of parental responsibilities and rights. These ideas changed the previous versions of the law regarding custody rights, and in particular, legislation put responsibility before rights. In this case, the law emphasizes the importance of parental responsibility and connects both, showing that parents should not have responsibility without rights and vice versa.
The meaning of parents’ responsibilities and rights:
Section 18(2) of the Children Act sets out the following four aspects of parental responsibilities and rights: To care for the child; the terms “care” and “contact” replace the previous terms “care” and “visit”.
The definition of care in the Children’s Act- Caring for the child means providing a suitable home for the child and ensuring that the child lives in conditions suitable for his/her health. Care also includes looking after the child’s daily life, including his or her education and religious practices, and guiding the child’s behaviour.
Contact is defined as “individual control with the child,” which applies even if the parent does not live with the child. In this case, this can be done in person by talking to the child, spending time with him/her, or even by communicating regularly with the child, or it can be done by telephone.
What does it mean to be a guardian of a child under the Children’s Act?
A guardian has the duty to safeguard and protect the child’s interests and to assist or represent the child before law enforcement authorities. The guardian must also approve or reject the child’s marriage, adoption or removal from South Africa, or apply for a passport.
Child support involves supporting a child financially through the provision of basic needs, including food, clothing, shelter and medical care.
Can a party refuse to pay because they have no contact with the children?
It is important to understand that fathers (and mothers) have a responsibility to raise their children. This duty also applies when the father is not married to the child’s mother or does not have custody rights. Therefore, even if the father has no contact with the children, he still has to pay maintenance.
In the event of request for assistance or further information, please do not hesitate to contact our offices.
