The authority of parents within the parent child relationship has developed from the rigid potestas which the pater in Roman Law could legally exercise to the authority of both parents in Roman-Dutch Law. The relationship had always been based in the biological sphere while the guardianship of the fathers had always been stronger than that of the mother. The position had been altered statutoraly in the Guardianship Act to provide for guardianship for the mother to be equal to that of the father.Under pressure of Constutional norms and prescripts on the one hand and also because of dramatically changed circumstances on the other it has become imperative that the foundation of the relatiopship would be reconcidered to determine its appropriateness for modern circumstances. Parental responsibilities and rights agreements as well as parenting plans to establish such responsibilities and rights in situations where it does not pertain to a perticular parent or a person concerned consequently reflect new and progressive thinking with regard to the nature and content of the relationship. In addition it may be noted that these agreements and plans reflect an inclination on the side of the legislature to move away from expensive, cumbersome and aggresive litigation bt providing the opportunity to persons concerned to come to mutaully acceptable results. It is futher argued that these agreements and plans may be viewed as a first step for the establishment of Family Relationshiop Centres it has developed in Australian Law / LLM (Private Law), North-West University, Potchefstroom Campus, 2014

The authority of parents within the parent child relationship has developed from the rigid potestas which the pater in Roman Law could legally exercise to the authority of both parents in Roman-Dutch Law. The relationship had always been based in the biological sphere while the guardianship of the fathers had always been stronger than that of the mother. The position had been altered statutoraly in the Guardianship Act to provide for guardianship for the mother to be equal to that of the father.Under pressure of Constutional norms and prescripts on the one hand and also because of dramatically changed circumstances on the other it has become imperative that the foundation of the relatiopship would be reconcidered to determine its appropriateness for modern circumstances. Parental responsibilities and rights agreements as well as parenting plans to establish such responsibilities and rights in situations where it does not pertain to a perticular parent or a person concerned consequently reflect new and progressive thinking with regard to the nature and content of the relationship. In addition it may be noted that these agreements and plans reflect an inclination on the side of the legislature to move away from expensive, cumbersome and aggresive litigation bt providing the opportunity to persons concerned to come to mutaully acceptable results. It is futher argued that these agreements and plans may be viewed as a first step for the establishment of Family Relationshiop Centres it has developed in Australian Law / LLM (Private Law), North-West University, Potchefstroom Campus, 2014

The child’s participation in any legal matter involving him/her is crucial whether received directly or indirectly through a legal representative. The significance of the child’s views in legal matters is accepted internationally and is entrenched in South African law. This is the main feature of the present research. In Roman law the paterfamilias was the complete antithesis of the best interest of the child with his paternal power entirely serving his own interests. The best interests of the child progressively improved his/her participatory rights and the dominance of paternal authority in Roman, Germanic, and Frankish law eventually gave way to parental authority and assistance in Roman-Dutch law. This advanced the child’s participation in legal matters and under Roman-Dutch law, his/her right of participation included legal representation by way of a curator ad litem. The child’s best interests were consistently viewed from an adult’s perspective and resulted in an adult-centred assessment of his/her best interests. Statutory intervention increased the child’s participatory and representation rights, however, the tenor of these items of legislation remained parent-centred. The Appeal Court later dispelled any uncertainty regarding the paramountcy with respect to the best interests of the child. During the 1970s in South Africa, the emphasis began shifting from a parent-centred to a child-centred approach in litigation between parents in cases involving their children. An open-ended list of factors comprising the best interests of the child accentuated this shift. Courts were encouraged to apply the paramountcy rule in legal matters concerning children and to consider the views of children in determining their best interests. The new democratic constitutional dispensation in South Africa, followed by the ratification of the Convention on the Rights of the Child and the African Charter, obligated South Africa to align children’s rights with international law and standards. The South African Law Reform Commission set out to investigate and to formulate a single comprehensive children’s statute. The resultant Children’s Act 38 of 2005 is the most important item of legislation for children in private law in South Africa. The Children’s Act provides for the widest possible form of child participation in legal matters involving the child. It revolutionises child participation requiring no lower age limit as a determining factor when allowing the child, able to form a view, to express that view. The child’s right to access a court and to be assisted in doing so further enhances his/her participatory right. Effective legal representation is the key in ensuring that children enjoy the fundamental right of participation equal to that of adults in legal matters involving children. Comparative research of child laws in Australia, Kenya, New Zealand and United Kingdom confirms that South Africa is well on the way in enhancing children’s participatory and legal representation rights in legal matters concerning them. This illustrates that only the child’s best interests should serve as a requirement for the legal representation of children in legal matters. Continued training is essential to ensure the implementation of the Children’s Act and requires a concerted effort from all role-players. / Thesis (LLD)--University of Pretoria, 2010. / Private Law / unrestricted