key to the study guide - Name

Meaning of judicial
interference
it in terms of the Natural Fathers of Children Born Out of Wedlock Act.
You should therefore once again take note of the provisions of this Act, as
they appear on pages 266±267 of your textbook.
2.4 Judicial interference with parental authority
The issue of judicial interference with parental authority is discussed in
detail on pages 280±289 of your textbook. First of all, you must know
what judicial interference with parental authority means. It means simply
that the court may interfere with the authority exercised by a parent over
his or her child or even terminate it. There are two main powers by virtue
of which the court can interfere with parental power:
Two powers (1) the high court's inherent common-law power as upper guardian of all
minors
(2) the court's statutory power embodied in various Acts
Upper guardian At pages 280±282 of your textbook the court's power as upper guardian is
explained. You must study that explanation.
Matrimonial Affairs
Act
After that you must look at the statutory powers of the court. You do not,
however, have to study the explanation in your textbook on pages 282±
289 in detail. You need only have a superficial knowledge of what the
courtcandointermsofeachAct.Youmay,furthermorejustreadthe
discussion on the Children's Bill on pages 285±287.
In respect of the Matrimonial Affairs Act 37 of 1953, you need only know
that the court can, in terms of section 5, make an order in respect of
guardianship, custody and/or access on application of a parent of a
legitimate child. The court will make an order which serves the best
interests of the child. In particular, it can award sole guardianship or sole
custodytoaparent.
Marriage Act In respect of the Marriage Act, you must once again look at what was said
in study unit 6 above about the court's power to replace the parental
consent required for the marriage of a minor.
Divorce Act In respect of the Divorce Act 70 of 1979, you must once again look at
what was said in study unit 20 above about the interests of children of
divorcing parents.
Child Care Act In respect of the Child Care Act, you need know the following only: A
child who apparently has no parent or guardian or whose safety and
welfare require it, can be taken to a place of safety and then must be
brought before a children's court. The children's court holds an enquiry to
determine whether the child is in need of care. At its enquiry, the court has
the power to make any of the orders provided for in section 15(1) of the
Act. These orders are set out on page 284 of your textbook. You must
study them. Finally, you must know what effect removal of a child from
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