PROJECT: PARENTING PLANS AND THE LAW
- isabels39
- May 13
- 3 min read
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The Children's Court Act 38 of 2005 requires both parents to create a Parenting Plan if they are separating or divorcing.
WHAT IS A PARENTING PLAN?
A Parenting Plan can be defined as a unique document compiled for a specific family to suit their particular needs and to avoid further litigation.
The Parenting Plan must document parental responsibilities in managing the upbringing of the minor child/children and must be in line with the best interests of the child or children.
A Parenting Plan further provides a structured approach to co-parenting when there are disputes in exercising parental rights.
WHAT IS THE AIM OF A PARENTING PLAN?
A parenting plan aims to reduce conflict between the parents by setting clear guidelines and expectations.
It keeps the best interests of the children as a priority.
It attempts to avoid further litigation.
WHAT SHOULD BE WRITTEN IN A PARENTING PLAN?
Details regarding the residence of the minor child or children.
Details of the non-resident parent's contact with the minor child or children
Contact between the child/children and other parties and the extended family.
Issues in relation to the school and religion of the minor child or children.
Visitation/contact on special occasions, including but not limited to birthdays, Christmas and other special occasions.
Maintenance of the minor child or children.
THE IMPORTANCE OF PARENTING PLANS:
A Parenting Plan ensures that all issues in relation to a child/children have been taken into account and that it meets the child's needs.
Once both parents sign the Parenting Plan, it is made an order of the Court, and it is binding on all parties.
A Parenting Plan that was made by an order of the Court may, however, later be amended or terminated.
WHO MAY COMPILE A PARENTING PLAN?
The Parenting Plan should be prepared after consultation with the parents by the Family Advocate, Social Worker, Psychologist, Attorneys or other suitable person as contemplated by Section 33 (5) (b) of the Children's Act.
For expert assistance with mediation, divorce proceedings, or the drafting of parenting plans,
contact Mr. Mike Bolhuis to access the specialised support of the SSS legal team.
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