How To Apply For Legal Guardianship In South Africa
A legal guardian is someone you choose to have custody of your kid in the case of your passing (and the death of anyone else with parental responsibility).
Is a legal guardian a parent?
Guardians have the same responsibilities as parents; they must nurture and take care of a child until they are an adult. Making decisions that are in the best interests of the child and managing their financial resources are part of the responsibility.
What parenting responsibilities do legal guardians have?
The child’s parents are in charge of raising their child. Guardianship is carried out by a person who is not the child’s parent. The guardian or persons with parental responsibility are responsible for making decisions regarding the child’s welfare.
Where do I go in South Africa to petition for guardianship?
Only the High Court has the authority to issue an order declaring that one party no longer has guardianship of a minor child. The Office of the Family Advocate must conduct research to ascertain what would be in the best interests of the child for such an application to be approved.
How do I apply to be a child’s guardian in South Africa?
If a person is not the child’s parent, there are two ways in which they can take on the role of guardian: In accordance with a ruling by the High Court, which is the “supreme guardian” of all minors, In a document called a will by a single caregiver or parent who passed away.
Application for guardianship
Guardianship is assigned by court order.
(1) Anyone with a stake in the upbringing, welfare, and development of a child may petition the High Court for a ruling appointing them the child’s guardian.
(2) The court must consider the following factors when deciding on an application covered by subsection (1): (a)the child’s best interests; (b)the relationship between the applicant and the child, as well as any other relevant person; and (c)any other information that, in the court’s opinion, should be taken into account.
(3) If an individual requests guardianship of a child who already has a guardian,
The petitioner must provide justifications for why the current guardian of the child is unfit to hold guardianship of the kid.
To put it another way, you can only be named guardians of a kid if you file a guardianship application with the High Court that has jurisdiction over the child.
The application could be very involved and must adhere to the High Court’s standards, so I would urge you to hire an attorney to help you with it.
How do I apply in South Africa for sole guardianship?
You would need to apply to the court for sole custody of your child. You may also go to the Children’s Court that of the High Court. After that, the court would determine whether it is in the child’s best interests.
Who may make a guardianship application for a child?
Other than fathers, the following people may ask the court to appoint them as guardians: If a stepparent, civil partner, or person who has lived with a parent for at least three years wants to become the child’s guardian after co-parenting the child for more than two years, they can ask the court for permission.
