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

Chapter 3 : Parental Responsibilities and Rights

Part 1 : Acquisition and loss of parental responsibilities and rights

23. Assignment of contact and care to interested person by order of court


(1) Any person having an interest in the care, well-being or development of a child may apply to the High Court, a divorce court in divorce matters or the children's court for an order granting to the applicant, on such conditions as the court may deem necessary—
(a) contact with the child; or
(b) care of the child.


(2) When considering an application contemplated in subsection (1), the court must take into account—
(a) the best interests of the child;
(b) the relationship between the applicant and the child, and any other relevant person and the child;
(c) the degree of commitment that the applicant has shown towards the child;
(d) the extent to which the applicant has contributed towards expenses in connection with the birth and maintenance of the child; and
(e) any other fact that should, in the opinion of the court, be taken into account.


(3) If in the course of the court proceedings it is brought to the attention of the court that an application for the adoption of the child has been made by another applicant, the court—
(a) must request a family advocate, social worker or psychologist to furnish it with a report and recommendations as to what is in the best interests of the child; and
(b) may suspend the first-mentioned application on any conditions it may determine.


(4) The granting of care or contact to a person in terms of this section does not affect the parental responsibilities and rights that any other person may have in respect of the same child.