Our expert says:
Family law expert
You are right in assuming the above. There seems to be uncertainty whether gaurdianship is automatic and whether the High Court should be approached. My view however is that the rights in terms of Section 21 also includes gaurdianship. In Botha v Dreyer (unreported case No 4421/08  ZAGPHC 395, 19 November 2008) the court held that the acquisition of rights and responsibilities in terms of section 21 was automatic and it does not depend on proof that such acquisition was in the best interest of the child. The court recognised that the best interest of the child would become important when a determination is made on how the parental rights and responsibilities are to be exercised. In terms of Section 33 (1) a parenting plan can be drawn up.
Family Law Attorney
Abrahams and Gross Inc.
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