The Suspension of Parental Rights in South Africa

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In terms of section 28 of the Children's Act a court can grant an order suspending any or all of a person’s parental responsibilities and rights for a period; can completely terminate any or all parental responsibilities and rights; and can grant an order that circumscribes or limits parental responsibilities and rights. When considering such an application, the court must take the following factors into account:

• the child’s best interests;
• the relationship between the child and the person whose parental responsibilities and rights are being challenged;
• the degree of commitment that the person has shown towards the child; and
• any other fact that should, in the court’s opinion, be taken into account.

 
According to the Act, people who may bring such an application include:

• co-holders of parental responsibilities and rights in respect of the child;
• anyone with sufficient interest in the care, protection, well-being or development of the child;
• the child, acting with the leave of the court;
• anyone acting in the child’s best interests, and acting with the leave of the court; or
• a family advocate or representative of an interested organ of state.

An application in terms of s 28 is a drastic measure and should not be brought frivolously or maliciously by any party. This is the reason why a court will be slow in granting such an application, as it may be abused.