FAMILY MEDIATION: THE PERCEPTIONS AND EXPERIENCES OF UNMARRIED PARENTS AND MEDIATORS

Razia Nordien Lagardien,Blanche Pretorius,Susan Terblanche

doi:10.15270/57-2-926

Abstract

While there have been significant developments regarding mediation, parental responsibilities and the rights of unmarried fathers, fathers remain challenged in acquiring their parental rights through mediation in terms of Section 21 of the Children’s Act 38 of 2005. The aim of this qualitative study was to understand the experiences of parents and mediators regarding mediation since the inception of the Children’s Act in 2007. Semi-structured interviews were conducted with unmarried fathers, unmarried mothers and mediators. Data were analysed using within-case analysis. The findings highlighted the positive experiences of mediation, challenges in mediation and strategies to enhance the quality of mediation.

Highlights

IntroductionAND PROBLEM FORMULATION The parental rights of unmarried fathers have evolved, with the Children’s Act 38 of 2005 (Republic South Africa, 2006) (referred to as the Children’s Act from here onwards) recognising that unmarried fathers should have an inherent right of contact, and that they should have an inherent right of guardianship and care
FORMULATION The parental rights of unmarried fathers have evolved, with the Children’s Act 38 of 2005 (Republic South Africa, 2006) recognising that unmarried fathers should have an inherent right of contact, and that they should have an inherent right of guardianship and care
A gap which this study aims to fill relates to the experiences of unmarried fathers, mothers and mediators relating to mediation and how this impacts on the parental involvement of the father

Summary

Introduction

AND PROBLEM FORMULATION The parental rights of unmarried fathers have evolved, with the Children’s Act 38 of 2005 (Republic South Africa, 2006) (referred to as the Children’s Act from here onwards) recognising that unmarried fathers should have an inherent right of contact, and that they should have an inherent right of guardianship and care. Section 33(2), together with Section 33(5), determines that the co-holders of parental responsibilities and rights in respect of a child, who are experiencing challenges in exercising their responsibilities and rights, must first seek to agree on a parenting plan In this regard, in terms of Section 21(3) (a) of the Children’s Act, mediation has been introduced as part of the law. Mandatory mediation is required in terms of Section 21(3a) of the Children’s Act when disputes arise between a child’s unmarried biological parents as to whether the father meets the requirements for acquiring full parental responsibilities and rights. These disputes must be referred for mediation to a family advocate, social worker, social service professional or other suitably qualified person

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Conclusion