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Is the party over? : unmarried fatherhood and drug and alcohol use /Jarvis, Jonathan A., January 2005 (has links) (PDF)
Thesis (M.S.)--Brigham Young University. Dept. of Sociology, 2005. / Includes bibliographical references (p. 39-47).
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A critical analysis of the impact of the constitution on the legal position of unmarried fathers in south african law / Neo Lenah MoreiMorei, Neo Lenah January 2008 (has links)
(LLB) North-West University, Mafikeng Campus, 2008
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Social work intervention for unmarried teenage fathers /Smith, Patrick J. D. January 2006 (has links)
Dissertation (DPhil)--University of Stellenbosch, 2006. / Bibliography. Also available via the Internet.
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The legal position of unmarried fathers in the adoption process after Fraser v Children's Court, Pretoria North, and others 1997 (2) SA 261 (CC) : towards a constitutionally-sound adoption statuteSchäfer, Lawrence Ivan, 1972- January 1999 (has links)
The subject-matter of this thesis is the rule, previously contained in section 18(4)(d) of the Child Care Act 74 of 1983, in terms of which a mother could surrender her child born out of wedlock for adoption without the consent of its father. This section was struck down as unconstitutional by the Constitutional Court in Fraser v Children's Court, Pretoria North and others 1997 (2) SA 261 (CC), on the grounds that it violated an unmarried father’s constitutional rights to equality and non-discrimination. In the light of this judgment, this thesis seeks to articulate the constitutional parameters within which section 18(4)(d) must be amended. The requirements of Fraser are identified and discussed. Regard is also had to other constitutional rights upon which Fraser might have been decided; in particular, an unmarried father’s right to procedural fairness, and his child’s right to family or parental care. Case law from the United States, Canada, Ireland and the European Court of Human Rights is also discussed. The end product of this examination is an exposition of the various constitutional rights which vest in the father of a child born out of wedlock. A separate exposition is given of the distinct rights which vest in all children in the adoption process. The latter set of rights is drawn both from the Constitution of the Republic of South Africa Act 96 of 1996, and the United Nations Convention on the Rights of the Child. The thesis then proceeds to examine the Adoption Matters Amendment Act 56 of 1998, which was enacted in response to Fraser. The consent and notice provisions of adoption statutes in the United States, Canada, Australia, Ireland and England are also examined, and compared to the provisions of the Adoption Matters Amendment Act. The object, here, is two-fold: first, to consider the practical value of this Act; and second, to consider whether it satisfies the constitutional requirements identified earlier in this thesis. The thesis concludes with suggestions for the improvement of this Act.
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Die ongetroude vader : 'n professioneel verwaarloosde lid van die Suid-Afrikaanse samelewingKruger, Marie Elizabeth 01 September 2015 (has links)
M.A. / Since the seventies social workers have become increasingly aware of the necessity and potential effectiveness of social work, and this stimulated the ideal to want to offer services to clients even more responsibly. The social work profession prides itself in its commitment to the development of the strengths and virtues of people rather than focusing on their weaknesses and shortcomings. All these considerations have formed part of the researcher's interest in the unmarried father as an object of research ...
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A critical analysis of Section 21 of the Children's Act 38 of 2005 with specific reference to the parental responsibilities and rights of unmarried fathersBeyl, Aletta Elsabe January 2013 (has links)
The aim of this dissertation is to establish if the unmarried father has been placed in a better position regarding his rights to his child with the advent of the Children’s Act 38 of 2005. Prior to the commencement of the Children’s Act a number of different sets of legislation encompassed the unmarried father’s position. The unmarried father could not automatically acquire any rights to his child and had to prove that it would be in the child’s best interests to be allowed contact.
The study was done on the basis of an analysis of the interaction of the unmarried father’s rights with the child’s rights, as well as the interaction of their rights with the Constitution. An analysis was also made of the manner in which the Bill of Rights in the Constitution should be applied with respect to the relationship between parents, their children and the state. From the study it was found that the unmarried father’s rights interlink closely with those of his child and the state. It was established that the Bill of Rights must be applied both horizontally and vertically and that the primary duty rests on the parents and only passes to the state if the parents are unable to perform their primary duties to the child. It was further established from the study that a limitation on the parent’s right to equality is only justified in terms of section 36 of the Constitution by the child’s overriding right to have meaningful relationships with both parents.
A comparison was made with the relevant legislation of some African and non-African countries to establish if South Africa could learn something from their child law legislation. An analysis was also done of those sections of the Children’s Act that interact with section 21. From this analysis it was clear that many sections and phrases in the Children’s Act are unclear, undefined and open to interpretation. In this regard certain amendments to the Children’s Act are suggested in the study.
It is submitted in this study that even though the Children’s Act codified legislation pertaining to children and the unmarried father may acquire parental responsibilities and rights, the improved position is superficial and subject to obstacles. The unmarried father needs to fullfil certain requirements in order to acquire his parental responsibilities and rights, as provided for in section 21(1). One of the main problems of this section is that it does not provide for any form of proof to be provided to the unmarried father to confirm or indicate that he has acquired responsibilities and rights. Even though the mother has these rights simply because of her biological link to the child, she is hardly ever placed in the position where her parental responsibilities and rights are questioned by third parties. This is not the position with the unmarried father. He is firstly placed in a disadvantaged position because he has no way to show that he is the holder of rights and secondly he is being discriminated against, simply because he is placed in this position.
It was concluded in this study that despite the improved position of unmarried fathers, their position has only prima facie improved and they really should be placed in the same position as mothers. It is submitted that if the same rights mothers have are also afforded to unmarried fathers, it would be to the benefit of their children and their right to parental care and family life. / Dissertation (LLM)--University of Pretoria, 2013. / gm2014 / Private Law / unrestricted
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IS THE PARTY OVER? Unmarried Fatherhood and Drug and Alcohol UseJarvis, Jonathan A. 14 July 2005 (has links) (PDF)
Using waves two and three of the National Survey of Adolescent Males (1990 and 1995) I examine the effects of marriage, paternity and father involvement on the use of drugs and alcohol by young men. Despite the importance of fatherhood as an adult role, I argue that commitment to the role of fatherhood and not paternity itself is what alters behavior. I hypothesize that young men who assume responsibility for fathering their children are more likely to reduce their drug and alcohol use over time than young men who father children but do not assume the role of parent. Results show that the assumption of adult roles and father involvement affect drug and alcohol use differently. Paternity is found to deter alcohol use independent of marriage, while marriage reduces illicit drug use. Closer examination of paternity and alcohol use supports my hypothesis that father involvement is associated with decreased alcohol use. Young men residing with their children were also more likely to smoke infrequently than non-resident uninvolved fathers.
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Social work intervention for unmarried teenage fathersSmith, Patrick J. D. 03 1900 (has links)
Thesis (DPhil (Social Work))--University of Stellenbosch, 2006. / The study aimed to explore and describe the experiences, perceptions and
needs of unmarried adolescent fathers and to assess the attitudes and
attentiveness of selected social workers and organisations that provide
services to adolescent parents.
In view of the position in which teenage fathers find themselves and with
regard to stereotyping and the disregard for their role as fathers, no concerted
attempt is made by organisations to provide services to them. They are
marginalized and despite changes in legislation and a Bill of Human Rights
their needs are not attended to.
A mixed research methodology was employed in conducting this exploratorydescriptive
study. The study was advertised in the waiting rooms of relevant
organisations, in consultation with pregnancy help centres, social work
agencies and youth services. Those who responded were interviewed
according to inclusion criteria for the study and those who did not qualify were
referred to appropriate services. Confidentiality was assured and consent to
participate in the study was discussed. A non-random sample of 32
participants was identified, ranging from 13 to 19 years were located of who
15 agreed to participate. Further attrition resulted in the sample being
reduced to 12. Interview schedules were used to facilitate the discussion and
to ensure that all participants were asked the same questions.
The second part of the study explored the attitude and attentiveness of
services to adolescent parents. All organisations providing such services
were invited and seven eventually agreed to participate. Of these, four
indicated that they were participating in their personal capacity. Interviews
were guided by an interview schedule which aimed to explored attitude,
attentiveness and capacity to provide services to unmarried teenage fathers.
The findings of the study revealed that teenage fathers want to be involved
with their children, but social stereotyping, unrealistic expectations of partners and family, and social discrimination militate against them. However, the
support of family and the natal partner and her family, are factors that
determine continued involvement. Services were perceived and experienced
as negative and dismissive of their role as fathers.
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The position of unmarried fathers in South Africa: an investigation with reference to a case studyPaizes, Yulie Panayiota 30 November 2006 (has links)
This dissertation looks at the position of the unmarried father in South Africa with regard to obtaining access to his illegitimate child. The writer has focused on three distinct eras in South African family law: the position of unmarried fathers in terms of: the common law; Natural Fathers of Children Born out of Wedlock Act; and the Children's Act. The writer has further focused on a case study. This is to emphasis the difficulty which unmarried fathers have when attempting to go through the courts to have access to his child.
In terms of South African common law, fathers of illegitimate children did not have any form of parental authority over the child. The mothers of illegitimate children have full parental authority over such children. Access in terms of South African common-law is seen as an incident of parental authority. Unmarried fathers nevertheless had the right to approach the high court to obtain access to their children, if the mother of the child refuses to allow the father to have such access. In the late 1980's and early 1990's, there was an overwhelming amount of applications brought by unmarried fathers in the high courts so as to obtain access to their illegitimate children. The case of Van Erk v Holmer 1992 (2) SA 636 (W) sparked victory for unmarried fathers when the learned judge held that all unmarried fathers of children have an inherent right of access to their children. This victory was short-lived. Subsequent case law and in particular the case of B v S 1995 (3) SA 571 (A) enforced the common law and held that unmarried fathers do not have an automatic right to their illegitimate children and that such fathers will have to apply to the high court for such access. Due to the increase in litigation in the late 1980's and early 1990's regarding a father's access to his child born out of wedlock the Natural Fathers of Children Born out of Wedlock Act commenced on 4 September 1998. The South African legislature adopted the approach taken in the case of B v S 1995 (3) SA 571 (A) and rejected the approach taken in the case of Van Erk v Holmer 1992 (2) SA 636 (W) ie the common law continued to remain the approach taken in South Africa.
Legislators recognised that the approach taken in the Natural Fathers of Children Born out of Wedlock Act does not conform to the provisions of the African Charter of the Rights and the Welfare of the Child, the United Nations Convention on the Rights of the Child and equality and dignity provisions of the Constitution of the Republic of South Africa. On 19 June 2006, the Children's Act was effected and will commence once promulgated in the Government Gazette. The writer then determines whether the Children's Act has in practice changed the position of the unmarried father. / JURISPRUDENCE / LLM
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Die konstitusionele implikasie van Fraser V Children's Court, Pretoria North 1997 2 SA 261 (CC)Coetzee, Linden 08 1900 (has links)
Text in Afrikaans, abstract in English / Writer investigates the constitutionality of section 18(4)(d) of the Child Care Act 74 of 1983
against the backdrop of the South African common law and the common law of comparative legal
systems. In the South Africa law the mother of an illegitimate child has guardianship. The natural
father does not have parental power which weakens his legal position.
In analysing the judgement of the Constitutional Court, writer criticises the court for stating that
in the case of a newborn baby the kind of discrimination which section 18( 4 )( d) authorises against
a natural father may be justifiable in the initial period after the child is born.
The constitutional position of the natural father in American jurisprudence is discussed at length.
Writer concludes that the natural father has to take positive steps to vest a right to be heard in an adoption application. Proposals for legal reform are also made. / Private Law / LL. M. (Law)
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