GEORGE NEWS - Recent incidents of children running away from home have raised important questions regarding parental rights in such situations.

In South Africa, parents have both rights and responsibilities when their minor child (under 18) runs away from home. 

These rights are governed by the Children's Act and fundamental legal principles that prioritise the protection and welfare of children.

According to Adv Marilyn Scheepers Olifant, founder of Legally You and programme manager at the Smoking and Alcohol Harms Alleviation and Rehabilitation Association, parents firstly have to report missing children to the police every time they run away.

"They are obligated to investigate and search for the child and can also intervene if the child is at risk or may have been abducted," she says.

Under the Children's Act (Section 28), parents must act in the best interest of the child. If a child runs away due to abuse or neglect, parents can seek legal actions such as a protection order or intervention order to protect the child.

If the child's reasons for running away are linked to emotional, psychological or family issues, the Department of Social Development (DSD) should be involved.

 The DSD can assess the situation, offer counseling or arrange foster care if necessary.

Parents with legal custody have the right to make decisions regarding the child's welfare. If safety is a concern, parents can take the matter to the Children's Court.

If the situation becomes more complicated (e.g., repeated runaway incidents or custody disputes), the Children's Court can issue orders for the child's return or appoint a guardian ad litem (a child's representative). 

"In extreme cases, the court may place the child in foster care," says Scheepers Olifant.

She says repeated running away may indicate deeper issues, such as family conflict, mental health problems or peer pressure. Counselling or family therapy should be considered. A social worker or child psychologist can assess the situation and recommend the best course of action.

"Parents should continue reporting the child as missing each time they run away, as this helps authorities track the child's whereabouts and address any safety concerns. If the child's behaviour is linked to abuse, neglect, alcohol or drug abuse, or gender-based violence, the DSD and Children's Court can help ensure the child's safety and well-being," says Scheepers Olifant.

If you are indigent or not in a financial or social situation to afford private help, there are several avenues for support. 

As a parent or legal guardian, you still have rights and responsibilities to ensure your child's safety and well-being, and the state and various organisations provide ways to assist you.

You still have access to support and legal protection for your child from the local government, NGOs and various organisations in the area. 

Reporting to the police, contacting social services, seeking legal aid, and using free counseling resources are all important steps to ensure the safety and well-being of your child.

Repeated running away may indicate deeper issues, such as peer pressure.

Preventing your child from running away

Building a strong and supportive relationship with your child is key to preventing them from running away from home.

They need a trusting environment in which they can feel loved and heard - not hurt.

Parents can start by encouraging open, honest communication with their child, making sure they feel safe and understood - spend quality time together, engage in shared activities, and show genuine interest in their lives. 

Setting clear expectations and boundaries is important, but it's also crucial to allow for flexibility and negotiation.

According to Angelique Vezasie, a gender-based violence counsellor at a local NPO, the Smoking and Alcohol Harms Alleviation and Rehabilitation Association, you should teach your child how to cope with stress and difficult emotions in healthy ways. 

"Discuss potential dangers and teach problem-solving skills, helping them make responsible decisions," she says.

Be aware of any triggers or signs of distress in your child and seek professional help if necessary. "Domestic arguments or altercations should never take place in front of your children, as per the Domestic Violence Act," says Vezasie.

By building a strong parent-child bond and promoting open dialogue, you can help prevent your child from running away and ensure their emotional well-being.

Abuse, gender-based violence and alcohol and drug abuse are merely some of the many reasons that some children run away from home. 

Instead of having to react when they disappear, guardians and parents have to take a proactive approach to prevent it from happening.

Adv Marilyn Scheepers Olifant and Angelique Vezasie. 

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