Switched-at-birth judge to make a difficult decision
Dino Montepara, director at Malherbe Rigg and Ranwell, says the judge responsible for deciding on the switched at birth babies has an extremely difficult job.
The Advertiser previously reported that two sets of Gauteng parents are currently at loggerheads after they have discovered their babies were switched at birth, allegedly at the Tambo Memorial Hospital, three years ago.
“The judge needs to weigh up the rights of the biological parents against the rights of the parents who have been growing a loving and happy environment with the child over a period of four years,” says Montepara.
He adds at the same time the judge needs to ensure that the views and wishes expressed by the children are appropriately considered in making a decision that is in the best interest of the children concerned.
Prior to the introduction of the Act the voice of a child had been silent.
Now, in terms of the Act, “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”.
“As a result, the law now recognises the importance of the family unit as a whole as being more important than the sum of its parts,” says Montepara.
He says that the Act also deals with parental responsibilities and rights pertaining to a child which include the responsibility and the right to care for the child, to maintain contact with the child, to act as guardian of the child, and to contribute to the maintenance of the child.
“Previously it was inherently only biological parents who had such responsibilities and rights.
“Now, in terms of the Act, any person having an interest in the care, well-being or development of a child is entitled to approach a court of law to be assigned such parental responsibilities and rights.”
The result of this is that, if it is found to be in the best interests of a child to award parental responsibilities and rights to parties other than the biological parents, and giving due consideration to the views and wishes expressed by the child (bearing in mind the child’s age, maturity and stage of development), a court of law may do so.
“However, in doing so, the court would need to ensure that it is promoting the preservation and strengthening of the family in seeking to ensure an environment of happiness, love and understanding,” adds Montepara. – @CarmenBoksburg
