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Question
Posted by: FIO | 2010/06/18

Setion 21 and guardianship

I dont understand. If Section 21 gives FULL rights and responsibilities, and none of these are contested, then why should the need still be there to apply for guardianship as a seperate issue with the High Court?

No-where does the Act say Section 21 does not include guardianship. Conversely it states FULL parental rights and responsibilities, guardinaship is a parental right and responsibility.

So why the need for High Court application for guardianship?

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Our expert says:
Expert ImageFamily law expert

The Guardianship Act 192 of 1993 was repealed and applications for guardianship is now governed by s 24 of the Children's Act which provides that such applications must be made to the High Court. The inherent common-law powers of the High Court as the upper-guardian of all minor children within its area of jurisdiction formed the historical background to certain statutory powers vested in the High Court in relation to children. I understand your argument in relation to the FULL parental right afforded by way of Section 21. I am sure that this will be tested in due course.

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Our users say:
Posted by: family law expert | 2010/06/19

The Guardianship Act 192 of 1993 was repealed and applications for guardianship is now governed by s 24 of the Children's Act which provides that such applications must be made to the High Court. The inherent common-law powers of the High Court as the upper-guardian of all minor children within its area of jurisdiction formed the historical background to certain statutory powers vested in the High Court in relation to children. I understand your argument in relation to the FULL parental right afforded by way of Section 21. I am sure that this will be tested in due course.

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