South Africa Case Law

Baars v Scott (556/93)

Baars v Scott (556/93) [1995] ZASCA 71; [1995] 4 All SA 392 (AD) (31 May 1995)

Court

Supreme Court of Appeal

Case number

556/93

Judges

Corbett, E M Grosskopf, F H Grosskopf, Howie, Marais

South African law does not accord a father an inherent right of access to his illegitimate child. Parental authority, and thus the right to access, vests in the mother unless the father marries the mother or adopts the child. The child's welfare is the central consideration in determining access, and the father may be granted access only if it is in the child's best interests. The litigation is not adversarial, and there is no evidentiary onus on either party in first-time access or custody determinations. The matter should not have been decided solely on affidavit, and oral evidence should h…

Source excerpt

• Parental Access
• Best Interests Of Child
• Illegitimacy
• Onus Of Proof
• Custody Dispute