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PARENT & CHILD 2 (WHAT DOES PARAMOUNT MEAN (The wording might seem to…
PARENT & CHILD 2
WHAT DOES PARAMOUNT MEAN
CC has described "Paramount" as; 'empathetic
, particularly when "coupled with the far-reaching phrase 'in every matter concerning the child' " :red_flag: :star:
The wording might seem to suggest that child's best interests must be supreme - that child's interests 'trump' the interests of anyone else involved in matter
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CC held that the fact that best interests of child are paramount NOT mean they're absolute or "the direct or indirect impact of a measure or action on children must in all cases oust or override all other considerations
The best interests injunction is capable of limitation ITO s36 of Constitution :check: & must be balanced against constitutional rights of others
CC warned that if the paramountcy principle were applied unrealistically or "spread too thin" it would be risk 'being transformed from an effective instrument of child protection into an empty rhetorical phrase of weak application, thereby defeating rather than promoting objective of s28(2).
Instead, court should apply principle in meaningful way "without unduly obliterating other valuable & constitutionally protected interests.
NOTE: a secondary or less NB interest of a child must yield to a "primary interest of another family member :red_cross:
THE CHILD'S VIEWS
Child's right to be heard is protected by article 12 of Children's Convention & article 4(2) of African Charter on the Rights & Welfare of the child :check: :red_flag:
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Act provides following list of major decisions' that would require consultation with child; :red_flag:
- In connection with consent to child's marriage/ adoption/ departure/ removal from SA, application for a passport & alienation or encumbrance of immovable property
- Affecting contact between child & co-holder of parental responsibilities/rights
- Regarding assignment of guardianship & care in respect of child to another person in event of a death of a parent
- Which is likely to significantly change, or to have an adverse effect on, child's living conditions/ education/ health/ personal relations with a parent or family member or generally the child's well-being
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