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Legal Talk

Legal Talk

Author: Fawzia Khan
Date: 2012-12-19
Having a well thought out parenting plan will go a long way to help divorcing parents enjoy contact arrangements with the children over the festive period and other special occasions. The requirement for a parenting plan is found in Section 33 and 34 of the Children's Act 38 of 2005, which came into effect on 1 April 2010. A parenting plan is basically a code of conduct, which is agreed to and signed by parents who are no longer together as a couple. It records the manner in which issues such as care, contact, guardianship and maintenance issues of their minor children are dealt with. The Act says that parents as co-holders of parental responsibilities and rights should agree on a parenting plan which determines the exercise of their respective responsibilities and rights in respect of the children. If the parents are unable to agree on the issues regarding what each parent's rights and responsibilities are, the Court will intervene and will make its own determination. It makes sense therefore that as far as practically possible, the parents should attempt to reach consensus between them regarding the parenting plan. Being the parents, they are indeed best suited to know, as opposed to the Court, as to what their children's needs are and what is in the children's best interest. Once agreed upon, the parties can either have the parenting plan registered with the Family Advocate or made an Order of Court as part of the divorce agreement.

Having a structured parenting plan will greatly assist all the parties in knowing what boundaries exist regarding the children. It therefore allows for both parties to plan their lives in accordance with what is contained in the parenting plan. It reduces or removes entirely any frustration or obstacle that can flare up between the parties when major issues regarding the children need to be addressed. For example it will obviate the need for one parent to fear that the other parent will refuse to allow the children to travel abroad parents, by refusing to sign consent for passport or visas applications. All of these issues can be considered and set out in the parenting plan. Know your rights! Email fawzia@thelawdesk.co.za or call 031-5025670 for any legal assistance.