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Legal Guardian
Jacki
#1 Posted : Thursday, August 18, 2011 12:29:51 PM(UTC)
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My partner and I look after our domestic workers daughter however the mother stays with us in the house as well. We are battling to enrol her into primary school and also to get her onto our medical aid so we would like to become her guardian's - can anyone please help with the procedures we should follow.
Mama X
#2 Posted : Friday, August 19, 2011 9:07:48 AM(UTC)
MamaX

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How does the mother feel about this? It's typical of medical aids to make life difficult instead of just allowing you to add her. Maybe speak to the Medical Aid ombudsman rather than going to these lengths?
Ron
#3 Posted : Friday, August 19, 2011 10:33:17 AM(UTC)
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Not an expert on medical aid... but I don't think they are being difficult. You can't just add someone to your medical aid. There needs to be some sort of (legal/family) relationship. Otherwise why not get the mother to take out a medical aid policy that you pay every month? Likewise with schools / homeaffairs / travel, legal matters and other important actions - you need the consent of the parent or legal guardian when it comes to anything to do with a minor.
Allo Allo
#4 Posted : Friday, August 19, 2011 10:45:38 AM(UTC)
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With all due respect, it is not your child. If you really cared you would pay for the mother to be on a medical aid and then add the child to the mother's scheme. By looking after the mothers well being you look after the childs. You might think your intentions are honorouble, but by bypassing the mother you are making th insinuation that because you have more money you are better equiped to look after the child. So like I said, pay for the mom and child and do it with no other motivation.
Gores_A_Liar
#5 Posted : Friday, August 19, 2011 10:48:51 AM(UTC)
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I wonder if the roles were reversed, if your "madam" would adopt YOUR daughter.

Get a life and get real, you Bleeding Heart.
rissie79
#6 Posted : Friday, August 19, 2011 11:59:35 AM(UTC)
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I am a lawyer, and work in the Children's Court quite often. In terms of the Childrens Act (Act 38 of 2005) you can only be appointed as a guardian of a child by the High Court. So the only way would be to get a lawyer to do such an application, although I can't see that the Court will grant guardianship to you, since the biological parent is still alive and able to maintain the child. A High Court application can also be very costly, even if it is unopposed.

Another option might be to adopt the child, the mother will have to give permission for that, as well as the biological father of the child, if he is still alive.

I think the suggestion made by 'Allo Allo' to get a medical aid for the mother and register the child as a beneficiary will be much better. Although i don't agree with the tone of the comment - (i think what you want to do is commendable and you really care about this child)- i think you also have to think about the psycological impact on both the mother and child. If i was the mother of a child that my boss wants to put on a medical aid, i wouldv'e felt like a failure, feeling that people think i don't take proper care of my child. The child will obviously also get older - and might possibly reach a stage where he/she will either resent his/her mother for not having a medical aid herself eg., or feel guilty that his/her mother doesn't have the same medical care.
Concerned
#7 Posted : Friday, August 19, 2011 1:56:19 PM(UTC)
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DO NOT, NOT let your heart rule your head. It all sounds great and kind, but............. be warned
Concerned
#8 Posted : Friday, August 19, 2011 2:14:08 PM(UTC)
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Do NOT, repeat, NOT let your heart rule your head. This sort of thing sounds all good and well, but in reality, will end in heart ache and disaster. We all have different standards and, the twain DO NOT mix at the end of the day. Be careful.
Matato
#9 Posted : Sunday, August 21, 2011 12:58:23 PM(UTC)
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How arrogant, vulgar and racist. Who are you to usurp the mother’s human rights, responsibilities and functions? What about the child’s father, have you even discussed this with him? Do you assume that because they are black they are utterly incompetent in the matter of bringing up their own child in a country that is ruled by blacks? And what sort of example would you set? Your “partner” clearly does not respect you enough to marry you, yet you see yourselves as suitable guardians. Guardianship involves much more than getting a child into a convenient school. It is time that you, Angelina Jolie, Madonna and others realized that that black children are not fashion accessories to be discarded like worn out shoes when the style changes. Also, as you are so keen to become involved in the child’s education, you might bother to learn when and when not to use an apostrophe.
jozigirl25
#10 Posted : Monday, August 22, 2011 7:19:51 AM(UTC)
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This is an awesome idea. I am shocked at the comments of some of these people. You have a big heart and they are clearly heartless. We need more people like you and your partner in SA to open their hearts towards SA's children. If I could not afford medical aid for my child and someone like yourself offered to put her on their medical aid, I would be nothing but grateful and would certainly hold no resentment against you. I hope you find a way to sort it out! Here's hoping more people with domestic workers children living in their households will follow in your footsteps and give them a headstart in life.
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