I am father of a baby girl. I want to confirm my parental rights. How do I do it?

When it comes to children, the law mandates that we always prioritise the child’s best interests. It is  beneficial for a child to maintain a healthy and loving relationship with both parents. Concurrently, a parent has the right to be involved in their child’s life, provided that such involvement aligns with the child’s best interests. This article addresses the process by which a father can establish his parental responsibilities and rights concerning his child.

Confirming a father’s Parental Responsibilities and Rights to his Child

In the past, terms like Custody and Access were used for parental rights. Now, the terms Care and Contact are used. The Children’s Act of 2005 states that both parents have full parental responsibilities and rights, with some exceptions. If there is a dispute, the father may need to apply to the High Court to confirm his rights, which can be costly. It is advised to consult an attorney or advocate.

The Court Application

A Notice of Motion must be drafted, supported by a Founding Affidavit, and sometimes confirmatory affidavits. These documents are filed with the Family Advocate’s Office. Once served, the mother can file opposing papers, and the father can reply. A court date will be set, and a Judge will decide the matter, possibly with a Family Advocate’s Report. Urgent applications require experienced legal counsel.

The father would essentially be requesting the following:

An Order directing that both parties (mother and father) share parental responsibilities and rights regarding the minor child, in accordance with the Children’s Act, 38 of 2005 (“the Children’s Act”), as follows:

• Both parties are co-holders of guardianship over the minor child as stipulated in Section 18(2(c); 18(3); 18(4) and 18(5) of the Children’s Act.
• Both parties shall share parental responsibilities and rights of care and contact concerning the minor child, as outlined in Section 18(2)(a) and (b) of the Children’s Act.
• The implementation of these rights of care and contact.

The Court will consider the matter and render a decision. If the outcome is favorable, the Court would issue an Order affirming the father’s parental responsibilities and rights.

Sharing Information

This and other articles available on this website are authored by Adv. Muhammad Abduroaf to assist individuals with various family law-related issues. If you find our articles, free resources, and posts beneficial or potentially helpful to others, please like and share them on social media by clicking the icons below. For more insightful articles and information on Family Law, visit our articles and Q&A page. If you have a legal issue related to family law and seek an answer or response, feel free to post it on our Family Law Blog. Therefore, kindly like and share. For any other legal services and advice not pertaining to family law, please visit Private Legal.  

Strategies Child Maintenance Case

The Magistrate’s Permit – Movement of Children during the Lockdown

View the new regulations on Movement of children during the Lockdown

(Regulation 17)

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In order to move children between homes, you require the following:

1. Court Order; or

2. Parenting Plan registered with the Office of the Family Advocate; or

3. Parental responsibilities and rights agreement registered with the Office of the Family Advocate; and

4. The household to which the child has to move must be free of COVID-19.

Or

A Magistrate’s Permit

3 Steps to obtain a Magistrate’s Permit:

1. Visit your Magistrate’s Court.

2. Take with the child’s birth certificate or certified copy.

3. Provide written reasons as to why the movement of the child is necessary.

The household to which the child has to move must be free of COVID-19.

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