P a g e | 34 There is further limited guiding literature for parents on how to exercise this responsibility which leaves many parents practicing cultural norms and techniques which are not always in the child's best interest. While the GoL and its partner donors provide some assistance to families with vulnerable children, even extensive financial resources will only begin to meet the dire need in Lesotho. 6.2 Separation from parents (Article 19.2 and 3; Article 25) Legislative As previously noted, under section 11 of the CPW Act children have a right to live with parents, except where it is not in their best interests to do so. Section 22 requires the GoL to make policies which support children whose parents are not capable of exercising proper parental responsibility. A large proportion of children deprived of their parents are orphaned or vulnerable children – usually as a result of poverty and / or domestic violence in the family home. As previously noted parents may neglect or abandon children to find work in RSA. The MoSD has the power to remove children from parental care or guardianship, who they deem to be in need of care and protection. In the event that a child needs to be removed from the care of their parents Section 23 defines a child in need of care and protection. The Act envisages separating children from their parents only where it is the best interests of the child. Where a child is removed they are to be presented before a Magistrates Court within 48 hours. This affords parents an opportunity to challenge the removal. Where children are separated from their parents they have a right to contact with family wherever possible, regardless of the outcome of a court hearing awarding custody. This includes seeing family during holidays and making home visits wherever possible. Contact is encouraged except where it is deemed not in the child’s best interest. Section 201 of the CPW Act says a non-custodial parent is to have access to a child and section 204 provides for a surviving parent to have custody. Guardianship continues until a child turns 18 under section 208. Alternative forms of care include fostering and local and international adoption. This is dealt with under Part XIII of the CPW Act. Greater detail will be spent on these provisions later in this report. Children may also be separated from their families as a result of being in conflict with the law, which is covered by Part XI of the CPW Act. Again, this is discussed in greater detail later in this report at section 9.3 Administration of Juvenile Justice.

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