Acts Online
GT Shield

Children's Act, 2005 (Act No. 38 of 2005)

Chapter 7 : Protection of Children

Part 4 : Other protective measures

136. Consideration of application to terminate or suspend parental responsibilities and rights


When considering an application referred to in section 135 the court must—

(a) be guided by the principles set out in Chapters 2 and 3 to the extent that those principles are applicable to the matter before it; and
(b) take into account all relevant factors, including—
(i) the need for the child to be permanently settled, preferably in a family environment, taking into consideration the age and stage of development of the child;
(ii) the success or otherwise of any attempts that have been made to reunite the child with the person whose parental responsibilities and rights are challenged;
(iii) the relationship between the child and that person;
(iv) the degree of commitment that that person has shown towards the child;
(v) whether there had been any contact between the parent and the child over the year preceding the application; and
(vi) the probability of arranging for the child to be adopted or placed in another form of alternative care.