Child Guardianship Explained


Child guardianship, the topic can become hotly contested within divorce proceedings. Typically, the court grants guardianship to both parents as part of the divorce settlement. But, in very specific circumstances, the court may grant sole guardianship to one parent or someone who is not the biological parent at all.  

Guardianship is the right and responsibility to manage a child’s interests; manage any assets or financial aspects of the child’s life; assist the child in legal or contractual settings; give consent to the child’s marriage or adoptionand give consent for the child to travel overseas. 

The upper guardian of all South African children, however, is the High Court. For that reason, the High Court can be approached to intervene, if a guardian isnot fulfilling their duties. Considering all presented facts and, perhaps even calling upon the Family Advocate or other legal representative, the High Court can terminate a guardianship and transfer care of the child to another person or parent. 

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The information on this website is provided to assist the reader with a general understanding of the law. While we believe the information to be factually accurate, and have taken care in our preparation of these pages, these articles cannot and do not take individual circumstances into account and are not a substitute for personal legal advice. If you have a legal matter that concerns you, please consult a qualified attorney. Simon Dippenaar & Associates takes no responsibility for any action you may take as a result of reading the information contained herein (or the consequences thereof), in the absence of professional legal advice.

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