Children's Act 38 of 2005
Section 18(1) — Parental Responsibilities and Rights
“The parental responsibilities and rights that a person may have in respect of a child include the right to care for the child; to maintain contact with the child; to act as guardian of the child; to contribute to the maintenance of the child.”
Both parents may hold parental responsibilities and rights in respect of the same child — neither parent has exclusive decision-making authority over the other by virtue of gender or biological role.
Children's Act 38 of 2005
Section 31 — Major Decisions Affecting Child
“Before a person holding parental responsibilities and rights takes a decision that is likely to change significantly, or to have a significant adverse effect on, a co-holder's exercise of their parental responsibilities and rights, that person must give due consideration to any views and wishes expressed by that co-holder (section 31(2)). Decisions likely to significantly change or adversely affect the child's living conditions, education, health or general well-being must also give due consideration to the child's own views, appropriate to the child's age and maturity (section 31(1)).”
Section 31 requires a parent to give due consideration to the other parent's views and wishes before major decisions affecting the child — where the mother also holds parental responsibilities and rights, the father cannot simply ignore her. The standard is genuine consideration of the co-holder's views, not unilateral action (though it is due consideration, not a veto).