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Parenting Plans
The
Co-Parenting
When co-holders experience difficulties in exercising their responsibilities and rights, they must agree on a parenting plan to regulate the exercise of their responsibilities and rights as a prerequisite before approaching the court. They must first seek the assistance of the family advocate, social worker or psychologist; alternatively, they must go for mediation facilitated by a social worker or other suitably qualified person.
The Act discourages co-holders of parental responsibilities and rights from approaching the court as a first resort when they experience difficulties in exercising those responsibilities and rights. The High Court has expressed its dissatisfaction with co-holders of responsibilities and rights who do not follow a conciliatory approach through court orders.
What is Parenting Plan
What is a Parenting Plan?
The Children's Act offers parenting plans as a method to assist parents with how to exercise their parental responsibilities and rights after separation or divorce. Parenting plans are a relatively new concept in South Africa, but are already popular in countries such as the United States and Australia, and in certain European countries.
Responsibilities & Rights
A parenting plan sets out how parents will exercise their respective responsibilities and rights. It must comply with the best interests of the child principle as set out in the Act, and must be in terms of a prescribed form and include the following issues:
- Where and with whom the child is to live.
- The maintenance of the child.
- Contact between the child and any other person.
- The schooling and religious upbringing of the child.
RoadMap Directing Plan
A parenting plan is essentially a roadmap directing how children will be raised after separation or divorce. As a co-parenting solution, it is a written agreement drafted by both parents with the help of of a neutral third party, usually a social worker, psychologist, family lawyer or mediator.
Requirement Of The Act
The Act requires that children also be consulted when such a plan is drafted so that they have an opportunity to give their input on who they wish to live with, how much time they wish to spend with each parent and where they wish to spend special occasions, as well as any other areas in which they feel they should have a say.
The Age Concern
The age of the child will determine the level of input allowed/required. Once the plan is finalised, it is signed by both parents. Parenting plans need to be continually reviewed, as children's developmental needs change over time. Reviews can range from every six months to every two years, depending on the child's age.
The Parenting Drafting Phase
During the drafting phase, the mediator will explore all aspects of family life, focusing on what is in the best interests of the child, and, together with the parents, will determine things such as how often and when each parent will see the child, which home will become the primary residence, which religion the child will be brought up in, which schools he/she will attend and where the child will spend holidays.
Parents Communition
In addition, the plan may specify how parents will communicate with each other and the child, and how new partners will be introduced. Typically, a parenting plan may state that the parents will encourage the child to phone the other parent each day, or that the parents agree not to speak negatively about each other in front of the child.
Dispute Resolution
The parenting plan will also have a dispute resolution section, appointing a mediator and/or facilitator to attend to any disputes that may arise between the parents and to intervene in circumstances where one parent breaches the plan, for example frustrating contact between the other parent and the child.
Drafting A Plan On Divorce Proccess
Developing a parenting plan is an essential part of the divorce process. Although parenting plans can be drawn up at any stage in a separation or divorce, it is advisable that matters relating to children be sorted out sooner rather than later. It is important for children to have plenty of access to both parents.
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