Rights and responsibilities of unmarried fathers: A model for social workers

Abstract

This study focused on the mediation practices of designated social workers (DSWs) during applications for parental responsibilities and rights by unmarried fathers in terms of Section 21 of the Children’s Act 38 of 2005. Designated social workers must direct the legal and emotional complexities, as well as the parental responsibilities and rights of unmarried fathers. It was evident from existing research that hegemonic masculinity influenced laws and the implementation of these laws. The aim of the research was to develop a family mediation model for designated social workers to use during mediation with unmarried fathers and the unmarried mother of the child. The objectives of the research were: To explore and describe the mediation practices of social workers in the Department of Social Development, Western Cape (DSD), and Designated Child Protection Organisations (DCPOs) during the assessment of applications by unmarried fathers on parental responsibilities and rights; to explore and describe the factors that influence mediation social work practices in the DSD and DCPOs, during the application process of unmarried fathers for their parental responsibilities and rights and to develop a model for social workers in the DSD, Western Cape, and DCPOs, to address the applications of unmarried fathers for their parental responsibilities and rights within mediation. The study applied a qualitative research approach with explorative and descriptive research designs. The study population comprised all DSWs working in the Western Cape for the DSD and DCPOs. The study sample consisted of ten DSWs from the various regions in the Western Cape and five key participants. The researcher used an adapted intervention design and development model to determine the cultural, procedural, and social factors which influenced the decisions of DSWs during their mediation practise. The researcher followed ethical considerations and ensured voluntary participation and confidentiality during the research. The research findings provided valuable insights to improve the involvement of unmarried fathers during mediation by using caring masculinity. The findings additionally revealed that the practices of DSWs were grounded in traditional theories on hegemonic masculinity, which emanated from the dominant patriarchal views of policymakers, the ruling government and legislatures. Most social workers came from a hegemonic masculinity stance where they would support the unmarried mother at all costs.