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Question
Posted by: Granny | 2010/05/29

Grandparents Rights

What rights do grandparents have to their grandchildren?

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Our expert says:
Expert ImageFamily law expert

Section 23 of the Children’s Act 38 of 2005 provides that any person (including grandparents and other family members) having an interest in the care, wellbeing or development of a child may apply to the High Court or a Divorce Court or the Children’s Court, for an order granting to the Applicant, on such conditions as the Court may deem necessary –

a)contact with the child; or
b)care of the child.
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When considering such an application, the Court must take into account –

a) the best interests of the child;
b) the relationship between the Applicant and the child and any other relevant person and the child;
c) the degree of commitment that the Applicant has shown towards the child;
d) the extent to which the Applicant has contributed towards expenses in connection with the birth and maintenance of the child; and
e) any other factor that should, in the opinion of the Court, be taken into account.

According to the family advocate the child has a right to get to know his grandparents, and the grandparents have a right to get to know their grandchild. The grandparents can in fact also be sued for maintenance if the biological parent cannot afford to financially support his/her children. I would very much urge grandparents in a divorce situation to play an active role in the lives of their grandchildren.

Answered by:
Bertus Preller - Family Law Attorney
KWJ Inc - Cape Town
http://www.divorceattorney.co.za
info@divorceattorney.co.za

The information provided does not constitute a diagnosis of your condition. You should consult a medical practitioner or other appropriate health care professional for a physical exmanication, diagnosis and formal advice. Health24 and the expert accept no responsibility or liability for any damage or personal harm you may suffer resulting from making use of this content.

3
Our users say:
Posted by: Cindy | 2010/05/31

Wow - Good one Diane, I agree with you. Why rope the grandparents in ? Divorce is too easy in this country, as soon as the glamour and the glitz is over with the wedding, these young people want to be parents, when they are still kid themselves and who has to sit with all their problems? The grandparents !!

Reply to Cindy
Posted by: Diane | 2010/05/30

I think it''s a damn cheek for the grandparents to be sued for what the parents caused. What if the grandparents are pensioners?? I''m sorry this doesnt make sense after all when did the grandfather ''FATHER'' these children??

Reply to Diane
Posted by: family law expert | 2010/05/29

Section 23 of the Children’s Act 38 of 2005 provides that any person (including grandparents and other family members) having an interest in the care, wellbeing or development of a child may apply to the High Court or a Divorce Court or the Children’s Court, for an order granting to the Applicant, on such conditions as the Court may deem necessary –

a)contact with the child; or
b)care of the child.
... See More
When considering such an application, the Court must take into account –

a) the best interests of the child;
b) the relationship between the Applicant and the child and any other relevant person and the child;
c) the degree of commitment that the Applicant has shown towards the child;
d) the extent to which the Applicant has contributed towards expenses in connection with the birth and maintenance of the child; and
e) any other factor that should, in the opinion of the Court, be taken into account.

According to the family advocate the child has a right to get to know his grandparents, and the grandparents have a right to get to know their grandchild. The grandparents can in fact also be sued for maintenance if the biological parent cannot afford to financially support his/her children. I would very much urge grandparents in a divorce situation to play an active role in the lives of their grandchildren.

Answered by:
Bertus Preller - Family Law Attorney
KWJ Inc - Cape Town
http://www.divorceattorney.co.za
info@divorceattorney.co.za

Reply to family law expert

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