Law Document

Research Paper

This will be a critical discussion on the decision of FS v JJ 2011(3) SA 126 (SCA) and will focus on the parental rights and responsibilities of parents and in particular the father and the grandparents, taking the best interest of the child into consideration, in accordance with legislation.

by

Elizabeth Steyn

33352372

Submitted in part fulfilment of the requirements of the degree of

LLB

at the

UNIVERSITY OF SOUTH AFRICA

SUPERVISOR: PROFESSOR S. FERREIRA

2014

TABLE OF CONTENT

1. Problem Statement: Introduction

2. Discussion of relevant Case Law - FS v JJ 2011 (3) SA 126 (SCA)

3. Best Interest of the Child and the Children's Act 38 of 2005

4. Parental rights and responsibilities, specifically fathers to children born from unmarried parents

5. Rights and responsibilities of grandparents

6. Conclusion

KEY TERMS

Parent- child relationship, Contact, Unmarried parents, legal rights of grandparents, Parental care, Parental rights and responsibilities, Father of children born from unmarried parents, Child's rights, Best interest of the child, Children's Act, FS v JJ (2011), Care of minor child

Introduction

Problem Statement

This problem statement will be a clear concise, description of the issues that needs to be addressed. The writer will focus on who is affected. The father of children born to unmarried parents, the child and the grandparents of this child. How are they affected by legislation and case law. When does this affect the father, child and grandparents? What the impact of the issues is and why.

This dissertation will look at the relationship between a child and his or her unmarried parents regulated by the Children's Act 38 0f 2005, and focused on three distinct areas in South African Law to address the issues raised: The best interest of the child with regards to the...