Children’s Act: Phrases demystified.

“Care”
In South Africa we use the word care as a synonym for custody. The right and responsibility to care for a child involves providing a suitable place to live under conditions that are conducive to the child’s health, well- being and development.

The Children’s act further describes the right and responsibility to care for a child to include the following:

• safeguarding and promoting the well-being
• protecting the child from harm such as maltreatment, abuse and neglect.
• respecting, protecting, promoting and securing the child’s basic human rights as set out in the Bill of Rights.
• guiding, directing and securing the child’s education and upbringing, including religious and cultural education and upbringing.
• guiding, advising and assisting the child in decisions to be taken by the child in a manner appropriate to the child’s age, maturity and stage of development;
  guiding the behaviour of the child in a humane manner;
• maintaining a sound relationship with the child;
• accommodating any special needs that the child may have; and
• generally, ensuring that the best interests of the child is the paramount concern in all matters affecting the child;

“Contact”
The right and responsibility to have contact with a minor child entails having and maintaining a personal relationship with the child. If the child lives with someone else, contact will entail regular communication with the child personally (by visiting the child or having the child visit you) as well as via regular correspondence. (like chatting via video call, WhatsApp, email and phone calls).

*Good to know
The primary caregiver (person with whom the child primarily resides) has a responsibility to allow the other parent to keep contact with the child and to inform him/her of any change in the child’s residential address. Failure to comply with this will be a criminal offence.