Drafting of Parenting Plans

South Africa is one of the countries with the most advanced and detailed Children's Acts. Act 38 of 2005, in essence, covers the essential services and resources required to ensure the protection of children, including –

?·??????to give effect to certain rights of children as contained in the?Constitution;

·??????to set out principles relating to the care and protection?of children;

·??????to define parental responsibilities and rights;

·??????to provide for the issuing?of contribution orders;

·??????to make provisions for the adoption of?children;

·??????to provide for inter-country adoption;

·??????to give effect to the?Hague Convention on Inter-country Adoption;

·??????to provide for surrogate motherhood;

·??????to create specific new?offences relating to children; and

·??????to prohibit child abduction?and to give effect to the Hague Convention on International Child?Abduction cases.

One of the areas it covers is the Parental Rights and Responsibilities of parents and guardians in the event of separation or divorce.

The Children's Act recommends the drafting of a parenting plan as a method to assist parents or guardians with how to exercise their parental responsibilities and rights after separation or divorce. This plan is a "roadmap" to how parents will manage their child(ren) during a separation and after a divorce and is an essential part of the divorce process.

The plan will include the following guidelines -

·??????The shared values and norms that will underscore both parent's parenting interactions in which the child(ren) will be raised,

·??????Decision-making and shared parenting tasks, including how discipline will be handled, how disagreements in the parenting plan and those that may arise will be managed

·??????Financial responsibilities (maintenance) of each parent,

·??????Access of parents to their child(ren), including access to third parties (i.e. grandparents, new relationships etc.),

·??????Residence of the child(ren), including holidays, birthdays, and any other special events

·??????Health provisions such as medical aid, medical consent, and medication

·??????Religious affiliation, attendance, and religious ceremonies

·??????Schooling of children including language, type of schools as well as extramural activities

·??????Any other specified aspect of the child(ren's) upbringing that must be considered

These guidelines and conditions are assumed to be provided to the child(ren) by the biological parents, giving the parents complete custody and responsibility of the child(ren). In cases where the parents are not married, surrogacy is involved, and in other situations, the court can decide where custody falls.

Often, it can be unclear which parent will receive custody of the child(ren) when the parents are not married, married to other people, divorced, separated, or deceased. The court will then examine various factors to conclude which parent or guardian will be granted custody if they fit the necessary criteria. It is up to the court to determine which household, residence or person is best fit to take care of the child, keeping the child's best interests in mind.

The plan becomes legally binding once it has been authorised as part of the Divorce Order, Children's Court Order or Family Advocate register. Both parties are then legally required to adhere to this plan. To facilitate disputes between the parties relating to the child(ren), a facilitator will be jointly appointed who could either be a qualified clinical psychologist, social worker, or legal practitioner.

We at Dirk Kotze Attorneys know that Family Law cases are usually strung with emotions. Thus having a trusted legal professional by your side can help you ensure your loved ones are appropriately represented and protected during any legal process.

We will make sure to take on your case with the utmost understanding that ensures a fair outcome for all parties involved.