SOCIAL WORK SERVICES TOWARDS THE CHILDREN'S ACT 38 OF 2005 AS AMENDED IN ACT 41 OF 2007:  

Social worker works with and from a understanding of :

The High Court acts as guardian of all children.

Best interest of child paramount:

Section 9. In all matters concerning the care,protection and well-being of a child the standard that the child's best interests is of paramount importance must applied.The best interests of the child standard is the single most important principle that social worker works from.

Child participation:

Section 10. Every child that is of such an age,maturity and stage of development as to be able to participate in any matter concerning that child has the right to participate in an appropriate way and views expressed by the child must be given due consideration. When a child is emotional mature to say what he feels and needs,the court need to address this.

Parental rights and responsibilities of unmarried fathers:

Section 21.The biological father of a child who does not have parental responsibilities and rights in respect of the child in terms of section 20,acquires full parental responsibilities and rights in respect of the child (a) if at the time of the child he is living with the mother in a permanent life-partnership ;or (b)if he regardless of whether he has lived or is living with the mother.(read in conjunction with 21.(b)(i)(ii)(iii).

Mediation: Section 21(3)(a) and (b) - Parental responsibilities  and rights agreement, Section 33(5)(b) and 34(3)(b)(bb) - Parenting plans.

Mediation is a consensus based approach where the parties to a dispute involve a neutral or acceptable third party, the mediator, to assist them in resolving the dispute. It is really an extention of the negiotiation process.

Examples of matters that may be mediated successfully include  family law matters such as divorce, contact, care and maintenance disputes.

Parenting plans: Section 33

In the absence of a definition,a parenting plan can be described as a detailed and co-operative approach by parents to structure the time spent with and caring for the children.It is an undertaking by parents to co-parents in the best interest of the children.

Parents, especially once divorced, must understand the are not in spousal roles,but in parental roles,when drafting the parenting plan. A parenting plan cannot usurp a divorce settlement .

Parenting plan is draft by a social worker after consultation  with co -parents in a prescribed format and contain prescribe particulars. An application by co-holders contemplated in Section 33(2) for the registration of a parenting plan with the family advocate office.

A parenting plan registered with the family advocates offices may be amended or terminated by the family advocates offices on application by the co-holders of parental responsibilities and rights who are parties to the plan.   

Refusal of access or refusal to exercise parental responsibilities and rights: Section 35.

Any person having care or custody of a child who, contrary to an order of any court or to a parental responsibilities and rights agreement that has taken effect as contemplated in section 22(4), refuses another person who has access to that child or who holds parental responsibilities and rights in respect of that child in terms of that order or agreement to exercise such access or such responsibilities and rights or who prevents that person from exercising such access or such responsibilities and rights is guilty of an offense and liable on conviction to a fine or to imprisonment for a period not exceeding one year.