Your marriage has ended, and you are no longer husband and wife, but your parenting relationship will never end, and now more than ever, you need to make it work for their sake. The law recognizes that relationship status can change but want to build safeguards to protect children in cases where the marriage or relationship ends. This is done through the Children's Act provisions that encourage the development of a Parenting Plan between the parents.

What is a Parenting Plan?

A Parenting Plan is a legally binding and written document between parents that covers various aspects related to the care and contact of their minor children after their divorce or separation. The plan is based on the children's best interest and contains negotiated decisions by both parents regarding the upbringing of their children.

What does the Parenting Plan Cover?

• Where and with whom the children will live
• Financial responsibilities (maintenance) of each parent
• Access of parents to their children, including entry of third parties (grandparents or new partners)
• Contact during holidays, birthdays, and any other special events;
• Health provisions such as medical aid coverage, medical consent, and medication.
• Decision-making and shared parenting tasks, including how discipline will be handled and how disagreements about the aspect of the parenting plan will be managed.
• Religious affiliations, attendance, and religious ceremonies.
• Schooling of children includes language, type of schools, and extramural activities.
• Any other specified aspects regarding the children that will need to be considered

 

When must a Parenting Plan be drafted?

A parenting plan can be drafted as part of the finalization of the divorce, or it can be drawn up after the divorce decree has already been issued. If the divorce has already been finalized, the parenting plan will still need to be filed at the Office of the Family Advocate. Suppose you do not have a parenting plan. In that case, it should be noted that the Children's Act discourages parents from approaching the court as a first resort when they experience difficulties exercising their parental rights and responsibilities. You will therefore be required to prove that you have mediated the dispute, and it is highly recommended that you also opt for a Parenting Plan. The High Court has expressed dissatisfaction with co-holders of responsibilities and rights that do not follow a conciliatory approach through cost orders. Therefore, seeking assistance or mediation is a prerequisite for being allowed to approach the court.

Who can draft a Parenting Plan?

Both parents draft a Parenting Plan with the help of a neutral third party, such as a social worker, psychologist, or a suitably qualified person - a Mediator. Families are unique, and during the drafting phase, the neutral third party will assist the parents in exploring all aspects of family life, focusing on what is in the children's best interest.

The formalities for registering the Parenting Plan

Section 34 of the Children's Act provides that the document needs to be registered with either the Children's Court or the Office of the Family advocate to make it a legally binding order. Your attorney or mediator will be able to assist you in complying with all the regulatory and administrative aspects hereof and ensure that it is made an order of the Court.

Do the children have a say in the Parenting Plan?

While a parenting plan provides a sense of certainty for parents, it's ultimately what's best for the children. And what better way to get insight into their needs and feelings than by involving them in the process? Legally, the children also have a say about the matters that affect them directly, such as whom they want to live with, how much time they want to spend with a specific parent, where they want to celebrate special occasions, etc. Of course, how much input the kids have depends on their age, maturity, and stage of development. While a parenting plan provides a sense of certainty for parents, it's ultimately what's best for the children. And what better way to get insight into their needs and feelings than by involving them in the process? Legally, the children also have a say about the matters that affect them directly, such as whom they want to live with, how much time they want to spend with a specific parent, where they want to celebrate special occasions, etc. Of course, how much input the kids have depends on their age, maturity, and stage of development. Parenting plans are made with the information available and the circumstances in which the parents find themselves when the plan is drawn up. The parties to the plan may amend or terminate the plan on application. If the plan was registered at the family advocate, they must apply directly to the Office of the Family Advocate.

What happens if a parent doesn't abide by the parenting plan? How to enforce a parenting plan.

The Parenting Plan is a legally binding document that was made an order of the court. If either parent doesn't fulfill their duties by the agreement, they are in breach of the agreement and can approach the Children's Court or the Maintenance Court (depending on what is being breached) for assistance.   Defaulting parents face penalties, fines, garnishee orders, and jail time. Drawing up a Parenting Plan supports parents in building a stable and respectful co-parenting relationship where they can communicate, negotiate, and cooperate on the matters that affect their family. Clear guidelines enable ex-partners to work together to raise their children, manage expectations and minimize potential conflict. Most importantly, parenting plans protect the children's rights by prioritizing their best interests and ensuring they receive the care and support they need.