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QUESTION 5 - LU2 (PARENT-CHILD) Cheat Sheet (DRAFT) by

The relationship between parents and their child in terms Family.

This is a draft cheat sheet. It is a work in progress and is not finished yet.

CHASTI­SEMENT & PUNISHMENT

Common law defini­tions of custody and parental power refers expressly to the parents' powers of moderate punishment.
The definition of care in SECTION 1 of Children's Act does not mention punish­ment, chasti­sement or discipline but instead talks about guiding the behaviour of the child in a humane manner and mainta­ining a sound relati­onship with the child.
CARE also requires parents to protect their children from maltre­atment, abuse, degrad­ation, and any other physical or emotional harm and to respect, protect, and promote the childrens' rights as set out in Bill of Rights.
CHAPTER 8 OF THE ACT is concerned with the interv­ention in families where the children are at risk of harm. It also regulates removal into altern­ative care.
SECTION 144(1)(b) notes that early interv­ention programmes must focus on 'devel­oping approp­riate parenting skills and capacity of parents and care-g­ivers to safeguard the well-being and best interests of their children, including the promotion of positive, non-vi­olent forms of discip­line.

DIFFERENCE BETWEEN 'CARE' & 'CONTACT'

'CARE'
THE CHILDREN'S ACT uses the word 'care' instead of 'custody' tradit­ionally used in common law. Definition of care is broader in the act and more child-­cen­tred.
SECTION 1(1) OF THE CHILDREN'S ACT defines care in relation to the child as:
a) within available means, providing the child with:
i) a suitable place to live
ii) living conditions that are conducive to the child's health, well-being and develo­pment
iii) the necessary financial support
b) safegu­arding & promoting the well-being of the child
c) protecting the child from maltre­atment, abuse, neglect, degrad­ation, discri­min­ation, exploi­tation, and any other physical, emotional, or moral harm/h­azards
d) respec­ting, protec­ting, promoting and securing the fulfilment of, and guarding against any infrin­gement of the child's rights set out in the BILL OF RIGHTS and the principles set out in CHAPTER 2 OF THE CHILDREN'S ACT
e) guiding, directing and securing the child's education and upbrin­ging, including religious and cultural education and upbrin­ging, in manner approp­riate for the child's age, maturity and stage of develo­pment
f) guiding, advising and assisting the child decisions to be taken by them in a manner approp­riate for their age, maturity and stage of develo­pment
g) guiding child's behaviour in a HUMANE manner
h) mainta­ining a sound relati­onship with the child
i) accomm­odating special needs child may have
j) ensuring child's BEST INTERESTS are PARAMOUNT in matters concerning them
Care has a wider ambit than Custody as its not just about providing child's daily needs but also priori­tizing their well-b­eing, mainta­ining a sound relati­onship with them and attending to the child's best interests ALWAYS
'CONTACT'
THE CHILDREN'S ACT uses the word 'contact' instead of 'access' tradit­ionally used in common law. Contact is primarily about mainta­ining a relati­onship between a parent and child when they no longer live in the same house.
SECTION 1(1) OF THE CHILDREN'S ACT contact in relation to the child is:
a) mainta­ining a personal relati­onship with the child
b) if the child lives with someone else
i) commun­ication on a regular basis with the child in person, including visiting the child/­being visited by the child
ii) commun­ication on a regular basis by other means, including, through post or by telephone or any other form of electronic commun­ica­tion.