What is a parenting plan?

According to the Children's Act, parents can create formal written agreements known as parenting plans that would outline their rights and obligations as parents in the event of a separation or divorce. It must be in a defined form, adhere to the best interests of the child premise, and expressly address the following issues:

• Details regarding the residence of the child
• Details regarding the non-resident parent’s contact with the child
• Special occasions contact
• Any third-party contact with the child
• Issues pertaining to the school and religion of the child
• How Decision-Making in respect of critical issues will be dealt with
• Maintenance for the child

Both parents must sign the parenting plan, which is a written agreement.

Parents must realise that the parenting plan is a living document that can be modified at any time. The parties would occasionally need to review their agreement because it is not a set-in-stone contract and circumstances can change over time, including the child's age and the requirements of the parents and children.

Parents must make every effort to settle their differences amicably before turning to the courts, according to our courts. The first step for parties is to try mediation; in fact, it is required of them.

An agreement to first try mediation should be made in the dispute resolution component of every parenting plan.

Only if both parents are dedicated to the process of properly speaking about the best interests of the children will a parenting plan be successful. Parents must establish age-appropriate contact schedules and realistic time limits that will encourage and maintain a healthy relationship between the child and themselves.

Children must be consulted during these discussions in accordance with the Children's Act so that they can voice their opinions. The Act is explicit that a kid does not have the right to select which parent they prefer to live with, but that the child's viewpoint is one that must be taken into account in any decision involving that child. Other considerations include the child's age and emotional maturity.

Here are some key aspects of a parenting plan in South Africa:

1. Mandatory Requirement: In South Africa, creating a parenting plan is often a mandatory requirement when parents divorce or separate and share custody of their children. The plan is typically submitted to the court for approval.
2. Best Interests of the Child: The paramount consideration in creating a parenting plan is the best interests of the child. The plan must address the child's physical, emotional, and psychological needs.
3. Content of the Parenting Plan: A South African parenting plan should typically include the following elements:
4. Residential arrangements: Details about where the child will primarily reside, as well as visitation schedules for the non-custodial parent.
5. Decision-making authority: Clarification on who will make important decisions regarding the child's upbringing, education, healthcare, and religious upbringing.
6. Communication: Provisions for open and regular communication between the child and both parents, including phone calls, emails, and visitation.
7. Holidays and special occasions: Arrangements for holidays, birthdays, and other special occasions, specifying how they will be shared between the parents.
8. Transportation and logistics: Plans for how the child will be transported between parents' homes, including responsibility for transportation costs.
9. Dispute resolution: Procedures for resolving disagreements or modifications to the parenting plan in the future.
10. Child support: Provisions for child support, including how expenses will be shared between the parents.
11. Relocation: Guidelines for what happens if one parent needs to relocate, which can significantly affect the child's living arrangements.
12. Mediation and Court Involvement: In many cases, parents are encouraged to resolve disputes and create a parenting plan through mediation. If mediation fails, the court may step in to make decisions in the best interests of the child.
13. Review and Modification: Parenting plans can be reviewed and modified if circumstances change. For example, if one parent's work schedule changes, or if the child's needs evolve, the plan can be adjusted to accommodate these changes.
14. Enforcement: Once approved by the court, the parenting plan becomes a legally binding document, and both parents are expected to adhere to its terms. Failure to do so can result in legal consequences.

It's essential for parents in South Africa to work together and consider the best interests of their children when creating a parenting plan. If they are unable to reach an agreement, the court will make decisions on their behalf, prioritizing the child's well-being above all else. It's advisable for parents to seek legal counsel and guidance during this process to ensure that the parenting plan is comprehensive and fair to all parties involved.

Feel free to contact Pauw Attorneys in Port Elizabeth to assist you with a parenting plan.

THE FORMALITIES FOR REGISTERING A PARENTING PLAN

Section 34 of the Children’s Act provides that

1. The Plan must be in writing.
2. It can be registered with either the Family Advocate’s Office or the Court.
3. The formalities set out in Regulation 9 to the Children’s Act must be complied with.
4. Form 8 to the Regulations must be completed and signed by all the Parties.
5. This Form must accompany the Parenting Plan at the time of applying for it to be registered with the Family Advocate’s Office or made into a Court Order. 

Francois Pauw

0835548776

www.pauwattorneys.co.za

www.divorce-specialists.co.za

francois@pauwattorneys.co.za

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