Parenting Plans and Family Law in South Africa: What You Need to Know

Divorce and separation can be a challenging and emotional time for families. In South Africa, the Children’s Act of 2005 provides a legal framework for co-parenting and child custody arrangements. One of the key tools for managing these arrangements is a parenting plan. In this article, we’ll explore everything you need to know about parenting plans and family law in South Africa.

What is a Parenting Plan?

A parenting plan is a written agreement between co-parents that outlines how they will share parenting responsibilities and make decisions about their child or children. This plan should cover topics such as visitation schedules, education, medical care, and religious practices. Effectively, a parenting plan is a roadmap directing how children will be raised after separation or divorce.

Creating a Parenting Plan in South Africa

In South Africa, the Children’s Act of 2005 requires that co-parents create a parenting plan if they are separating or divorcing. This plan must be in writing, signed by both parents, and submitted to the court as part of the divorce proceedings.

The parenting plan should include the following:

1. A schedule of the time each parent will spend with the child or children.

2. A process for resolving disputes between the parents.

3. A plan for how major decisions will be made, such as medical treatment or education.

4. A plan for how the child’s expenses will be shared.

Legal Requirements for Parenting Plans in South Africa

When creating a parenting plan, it’s important to ensure that it meets the legal requirements set out by the Children’s Act of 2005. Here are some key legal requirements to keep in mind:

1. The plan must be in writing and signed by both parents.

2. The plan must be in the best interests of the child or children.

3. The plan must be submitted to the court as part of the divorce proceedings.

What Details are Included in Parenting Plans?

A parenting plan provides for the best interests and the needs of the minor child and is aimed at reducing conflict between parents by setting out clear guidelines and expectations in this regard. Typically, Parenting Plans will make provision for, inter alia:

• the upbringing of the minor child/children;

• primary residence;

• contact between children and parents or grandparents;

• schooling;

• religious upbringing;

• maintenance and financial needs to the children;

• how information is shared between parents about the child;

• how decisions about the child are made (for example, jointly or individually but in consultation with the other parent).

Children should also be consulted when a parenting plan is being drafted so as to give them an opportunity to give their input. The age of the child will determine the level of input allowed and/or required.

Optional vs. Mandatory Parenting Plans

Parenting Plans can be entered into by agreement (i.e. such plans are optional).

Where parents experience difficulties in exercising their responsibilities and rights, before a parent can approach a Court for relief, a parent should first try to agree on a parenting plan before approaching the Court. If such attempts fail, a parent can then approach a Court for relief where a Court may mandate that a parenting plan is prepared and/or agreed upon. In preparing a mandatory parenting plan, the parents must seek the assistance of a family advocate, social worker or psychologist OR mediation through a social worker or other suitably qualified person. Once the parenting plan has been agreed upon, an application is made for its registration at the office of the family advocate or for it to be made an order of court.

Do I need to Review Parenting Plan?

It is recommendable that parenting plans be reviewed (every 6 to 24 months depending on the child’s age) so as to take into account the children’s developmental needs and changes.

Benefits of a Parenting Plan

A well-crafted parenting plan can help co-parents avoid conflicts and reduce stress for their children. It can also provide a sense of stability and structure for children during a difficult time.

Conclusion

Creating a parenting plan is an important step for co-parents who are separating or divorcing in South Africa. By following the legal requirements and creating a plan that is in the best interests of the child or children, co-parents can ensure a smooth transition and help their children adjust to their new situation. If you need a parenting plan, our Family Law Attorneys have extensive experience in preparing parenting plans and are able to guide you and advise through the process.

Barter McKellar’s family law attorneys have extensive experiencing on advising on all aspects of family law matters. If you would like to find out more, contact our offices today to schedule a consultation with one of our specialist family law lawyers.