key to the study guide - Name

Definition of guardianship
Awarding of guardianship
Guardianship to
both parents
Guardianship simpliciter
204
ACTIVITY
Read your prescribed case, Van Vuuren v Van Vuuren, on pages 320±323 of
your prescribed casebook and also the first two paragraphs on page 161 of
your prescribed textbook, and list the circumstances in which a family
advocate ought to apply for an order authorising an enquiry in terms of
the Mediation in Certain Divorce Matters Act 24 of 1987.
FEEDBACK
The family advocate ought to apply for an order authorising an enquiry if
it is envisaged that
(1) custody of a young child will not be awarded to the child's mother
(2) siblings will be separated
(3) custody will be awarded to a person other than the child's parent
(4) an arrangement regarding custody or access will be made which is
prima facie (ie, on the face of it) not in the child's interests
3 THE ASPECTS REGARDING THE POSITION OF THE CHILDREN THE
COURT MAY REGULATE
3.1 Guardianship
Firstly, you must note the definition of guardianship on page 162 of your
textbook. You will further see that the court may make any order it deems
fit regarding guardianship.
Because, in terms of section 1(1) of the Guardianship Act 192 of 1993, both
parents have guardianship of their legitimate children during the
subsistence of the marriage, guardianship should, as a general rule, be
awarded to both of them upon divorce. If both parents are awarded
guardianship upon divorce, both remain entitled to exercise any right or
power, or carry out any duty arising from guardianship independently and
without the other parent's consent. In your prescribed textbook on page 162
as well as on page 277 (where the contents of parental authority are set out)
you are referred to the instances (exceptions) in which the consent of both
parents is required and in which case they consequently cannot act
independently.
Where the circumstances warrant it the court may, however, award
guardianship (ie, guardianship simpliciter or single guardianship) or sole
guardianship to either parent. If sole guardianship is awarded to a parent
upon divorce that parent becomes the child's only guardian, to the