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Question
Posted by: FIO | 2010-06-19

Testing constitutionality of Childrens Act

Hi again,

How do I go about testing the contradiction in the application of Section 21 and Section 24?

I understand Section 24, but do not believe that it applies to anyone who qualifies in terms of Section 21. Anyone outside of Section 21 should be subject to the Section 24.

The shortcoming, from what I can gather, is that even though mothers and father have the same rights and responsibilities, its only fathers who have to apply for guardianship, but not mothers. So the Act is contradicting itself, and infringes on the rights it supposedly gives fathers in Section 21.

What is the process for objecting to this, or raising this issue, or bringing it to court and testing it?

The OFA wont register my parenting plan because they say they cannot grant me guardianship. So do I get this in writing, and then take them to task in court? Who in the justice system do I challeneg, and through which court - High Court?

I''m not so concerned about challenging my ex, I have no doubt she has no case in denying me guardianship, but I do want to take on the system, and challenge the apparent discrimination and contradictions.

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Our expert says:
Expert ImageFamily law expert

As the law stands, an unmarried father who wants to be the child’s guardian, must apply to the High Court. It is then up to the High Court to decide if it is in the child’s best interests to give the father guardianship rights. I would be interested to assist in such a challenge. You can contact me on bertus@divorceattorney.co.za to discuss.

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Our users say:
Posted by: family law expert | 2010-06-21

As the law stands, an unmarried father who wants to be the child’s guardian, must apply to the High Court. It is then up to the High Court to decide if it is in the child’s best interests to give the father guardianship rights. I would be interested to assist in such a challenge. You can contact me on bertus@divorceattorney.co.za to discuss.

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