Guardianship refers to an adult’s right and responsibility to:
- Manage a child’s interests
- Manage any assets or financial aspects of the child’s life
- Assist the child in legal or contractual situations
- Give consent to the child’s medical treatment, marriage or adoption
- Give consent for the child to travel out of South Africa
South African courts normally grant guardianship to both parents as part of the divorce settlement. In certain circumstances, the court may grant sole guardianship to one parent or someone who is not the biological parent. This generally only happens if one or both parents are unable or unfit to care for the child, for example if there is a history of violence or substance abuse.
The High Court is the legal upper guardian of all children in South Africa. If a guardian fails to fulfil their duties the High Court can be approached to intervene and can terminate a guardianship and transfer care of the child to another person or parent.
Contact SD Law if you have any queries about child guardianship.