Parental Responsibility; Assignment of parental responsibility to an unmarried father;

The parties never cohabited or married. A child was born to them and the father at all times consented to being identified as the father of the child. Shortly after the child was born, and while the father was absent from South Africa, the mother relocated with the child to the United Kingdom without informing the father or seeking his permission to do so.
The father applied to the High Court of Justice, Family Division of the United Kingdom (The English Court) in terms of the Hague Convention for an order directing the mother to return the child to South Africa. The basis of the application was that the mother had removed the child from South Africa to England in breach of the fathers’ co-parental rights and responsibilities by not seeking the father’s approval before doing so.
The English Courts referred to the South African courts to determine whether it was lawful for the mother to unilaterally change the child’s habitual place of residence. The Appeal Court, agreeing with the court a quo, found the concepts ‘contribute or attempt to contribute in good faith’ and ‘reasonable period’ as requirements for attaining parental responsibility are elastic, and must be determined by the facts of the case. Court further warned against holding unmarried fathers to a higher standard than married fathers. Despite him having limited contact with the child, this was not the father’s fault. Found that he had acquired co-parental responsibility and the removal from South Africa was unlawful.