Parenting Plan
A parenting plan is a document that is compiled upon divorce or separation, which represents the best possible co-parenting solutions to avoid future litigation. It constitutes a written agreement setting out the parental rights and responsibilities of both parents including the primary residence of the child, the contact arrangements between the child and any other person, the maintenance payable by each parent and any other factor relating to the upbringing of the minor child.
Parenting Plans should be entered into where the need for it arises. However, parents always have the option to formalise their parental rights and responsibilities by way of a written parenting plan even if they do not experience difficulties in exercising their rights and responsibilities.
Mandatory Parenting Plans
Section 33(2) of the Children's Act 38 of 2005 provides that “If the co-holders of parental responsibilities and rights in respect of a child are experiencing difficulties in exercising their responsibilities and rights, those persons, before seeking the intervention of a court, must first seek to agree on a parenting plan determining the exercise of their respective responsibilities and rights in respect of the child.”
It is therefore mandatory for parents to first attempt to resolve any disputes and agree on a parenting plan before approaching a court.
Parenting plans must comply with the formalities set our in Section 34 of the Children's Act before it can be registered with the Family Advocate or made an order of court. The parenting plan:
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must be in writing and must be signed by the parties to the agreement.
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must be in prescribed format and contain prescribed particulars.
An application by co-holders contemplated in section 33(2) for the registration of a parenting plan or for it to be made an order of court must:
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be in the prescribed format and contain the prescribed particulars; and
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be accompanied by:
(i) a copy of the plan and
(ii) a statement by-
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a family advocate, social worker or psychologist to the effect that the plan was prepared after consultation with such a family advocate, social worker or psychologist; or
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a social worker or other suitably qualified person to the effect that the plan was prepared after mediation by such social worker or such person.
A parenting plan must comply with the best interests of the child standard as set out in section 7 of the Children's Act.
Amendment or Termination of Parenting Plan
A parenting plan registered with a family advocate may be amended or terminated by the family advocate on application by the co-holders of parental responsibilities and rights who are parties to the plan.
A parenting plan that was made an order of court may be amended or terminated only by an order of court on application-
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by the co-holders of parental responsibilities and rights who are parties to the plan;
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by the child, acting with leave of the court; or
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in the child’s interest, by any other person acting with leave of the court.
Contact B Gouws Inc. Attorneys today for a parenting plan to represent the best possible co-parenting solution for your family.
