key to the study guide - Name

Appointment of testamentary
guardian
Guardianship of extra-marital
children
On page 278 your textbook refers to the third element of guardianship,
namely that a parent can appoint a testamentary guardian for his or her
child only if he or she is the child's only parent or if he or she has been
appointed sole guardian of the child.
With regard to guardianship of extra-marital children you have to
distinguish between the position of the mother on the one hand and that
of the father on the other hand.
Mother of the child Regarding the mother's position, you should take note of the provisions of
section 3 of the Children's Status Act set out on pages 277±278 of your
textbook. You need to know what the position is if the mother is still a
minor and the case where she is a major or attains the status of a major.
Father of the child With regard to the father of an extra-marital child, you should know that
he has no automatic right of guardianship over his child. In this regard you
should once again take note of the provisions of the Natural Fathers of
Children Born out of Wedlock Act in terms of which the father may apply
for guardianship. This is discussed on pages 266±267 of our textbook.
Definition
Extra-marital child
Definition
Extra-marital child
2.3.2 Custody
Custody is the second element of parental authority. On pages 278±280
your textbook explains what custody means and entails. The explanation
corresponds with what was said in study unit 20 above in respect of
custody of children of divorcing couples. In respect of the discussion of
custody in the present study unit, you must note in particular that the
right to discipline the child forms part of custody.
You should also note that the custodial parent enjoys a broad discretion in
respect of the exercise of the responsibilities and rights encompassed by
custody, in which the court is reluctant to interfere. Regarding this issue,
take note of the decision in Martin v Mason set out on page 280 of your
textbook.
Although it is not mentioned in your textbook you need to know, once
again, that only the mother has custody of an extra-marital child, but that
the father can apply for custody in terms of the Natural Fathers of
Children Born out of Wedlock Act. The provisions of this Act, as set out
on pages 266±267 of your textbook, are therefore also of importance in
this regard.
2.3.3 Access
The third element of parental authority is access. On page 280 of your
textbook it is explained what access entails. Note once again that,
although not mentioned in your textbook, the father of an extra-marital
child has no inherent right of access to his child, but that he can apply for
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