children and maintenance

[Citizen X]

I got a question Vanash; If the parents leave the children "especially between the ages of 0 to 7 years of age" in the care of the grandparents and expect them "the grandparents" to buy clothing, feed them, take them to the doctor, take them to school, clean them and give them a place to sleep. They have NO RIGHT OR SAY IN THE CHILD'S LIFE? Do I understand this correctly?

If so can said grandparents then SUE the parents for ALL the moneys spend? In this case it is more then R40200! to date.

Tec0, I understand where you coming from! In principal and from a moral perspective, parents who leave their minor children with the Grand parents, are saving a lot(expenses saved). They don’t have to contend with the cost of a crèche which ranges between R1000 to R4000 per month, they have the added reassurance of the safety and well being of their minor children; recently a 4 year old child at a crèche was raped; the grand parents feed and take care of the minor child so they also vest time and effort in this process. They don’t mind, because they love their grandchildren. From a perspective of fairness, the child’s parents should compensate the grand parents.
1.Legally, the parents of a minor child can delegate parental responsibility to a third party. The mere fact that they entrust someone with their child’s care is sufficient evidence of having delegated parental responsibility to a third party. It is seen as consent. Provided that both parents consent to a third party taking care of a child, it’s perfectly legal. It does not have to be a formal a written agreement but the Childrens Act 38 of 2005 endorses a formal written agreement. The following sections are relevant here:
“22. Parental responsibilities and rights agreements
(1) Subject to subsection (2), the mother of a child or other person who has parental
responsibilities and rights in respect of a child may enter into an agreement providing for the acquisition of such parental responsibilities and rights in respect of the child as are set out in the agreement, with -
(a) the biological father of a child who does not have parental responsibilities and
rights in respect of the child in terms of either section 20 or 21 or by court order; or
(b) any other person having an interest in the care, well-being and development of the
child.
(2) The mother or other person who has parental responsibilities and rights in respect of a child may only confer by agreement upon a person contemplated in subsection (1) those parental responsibilities and rights which she or that other person has in respect of the child at the time of the conclusion of such an agreement.
(3) A parental responsibilities and rights agreement must be in the prescribed format and contain the prescribed particulars.”

“32. Care of child by person not holding parental responsibilities and rights

(1) A person who has no parental responsibilities and rights in respect of a child but who voluntarily cares for the child either indefinitely, temporarily or partially, including a care-giver who otherwise has no parental responsibilities and rights in respect of a child, must, whilst the child is in that person’s care -

(a) safeguard the child’s health, well-being and development; and

(b) protect the child from maltreatment, abuse, neglect, degradation, discrimination,
exploitation, and any other physical, emotional or mental harm or hazards.”