The Children’s Act 38 of 2005

The Children’s Act 38 of 2005 has influenced not only the rights of children and parents, but also the way in which any disputes in this area are dealt with in practice. Our courts have also had to move away from certain traditional prejudices, and embrace the new approach to these legal proceedings set out by the Act.

The main purposes of the Act are detailed in the preamble as:

– To give effect to certain rights of children as contained in the Constitution;
– To set out principles relating to the care and protection of children;
– To define parental responsibilities and rights
– To make further provision regarding children’s courts
– To provide for the issuing of contribution orders;
– To make new provisions for the adoption of children;
– To provide for inter-country adoption;
– To Prohibit child abduction and to give effect to the Hague Convention on International Child Abduction;
– To provide for surrogate mothergood;
– To create certain new offences relating to children

There are accordingly many questions that lawyers deal with on a daily basis, most of which have their answers rooted in the Children’s Act …

[Source] South African Legal Advice