Die Reg van die Kind op Kontak met Beide Ouers: Opmerkings na Aanleiding van Onlangse Ontwikkelinge in die Nederlandse Reg

Abstract

This contribution discusses the amendment to section 1: 377a lid 1 BW of 1 March 2009, in Dutch law. According to this provision a child has the right to have contact with both parents as well as with those who have sufficient close personal links with the child. The parent who is not responsible for the physical care of the child has the right and obligation to have contact with the child. The question whether the South African law, through the provisions of section 28 of the Constitution and the Children's Act, provides such a right and obligation, is investigated. Even though the conclusion is reached that the South African law indirectly provides such right and obligation, it is argued that the explicit recognition thereof in the Children's Act would provide a statutory legal duty on parents to have and maintain contact with their child. This would enhance legal certainty. Attention is also given to the enforcement of such right of the child.