On Tuesday, Lindiwe Zulu, Minister of Social Development published an amendment to the Disaster Management Act 2002, stating that children can be moved between parents/caregivers under certain circumstances.
The amendment reads, “Movement of children between co-holders of parental responsibilities and rights or a caregiver, as defined in section 1 (1) of the Children’s Act, 2005 (Act No. 38 of 2005), during the lockdown period, is prohibited, except where arrangements are in place for a child to move from one parent to another, in terms of:
(aa) a court order; or
(bb) where parental responsibilities and rights agreement or parenting plan, registered with the family advocate, is in existence, provided that, in the household to which the child is moved, there is no person who is known to have come into contact with a person known to have contracted, or reasonably suspected to have contracted COVID-19.”
The parent or caregiver transporting the child concerned must have proof of the court order or the agreement referred to in the above subitems (aa) and (bb), respectively, or a certified copy of it in their possession.