Applications For Guardianship

What is guardianship?

Section 18 of the Children's Act, Act 38 of 2005 (“the Act”) regulates guardianship over children. In terms of Section 18(3) of the Act, a guardian must safeguard the child's property and assist the child in any legal, administrative or contractual matters. A person can apply for guardianship if he/she wants to acquire legal rights over a child. If you possess guardianship over a specific minor child, you have the right to participate in important decisions pertaining to the child. 

Any person, who has an interest in the development, care and well-being of a child, may apply to a court to be granted the right of legal guardianship over a child. In the event of such an application the Court will take inter alia the following into consideration: