PARENTING PLANS IN SOUTH AFRICA
Your Preferred Legal Partner In Parenting Plans In South Africa
WHAT DO PARENTING PLANS ENTAIL IN SOUTH AFRICAN LAW?
A parenting plan is a written directional map to determine how to raise the children after separation or divorce — a drafted agreement with a co-parenting solution in mind that involves both parents. A psychologist, lawyer or social worker acts as the mediator, focusing on the child’s best interests to determine the primary residence, how often each parent will see the child, which religion the child should follow, and which school the child will attend.
Other considerations include the children being very young and cannot separate from their primary caregiver for lengthy periods. A child raised by parents active in his/her life can be traumatised by being kept away from either parent. Because of the volatility of divorce and emotional trauma, enforcing parenting plans are essential.
WHAT ARE THE BENEFITS OF A LEGAL PARENTING PLAN IN SOUTH AFRICA?
Having a legal parenting plan drawn up by an experienced family law attorney has various benefits for all parties involved in a family unit. Parenting plans aims to support and guide parents, whether divorced or never married, the opportunity to foster, build and promote a respectful co-parenting relationship. It creates an environment whereby parents can effectively communicate, responsibly negotiate and amicably cooperate on all matters that affect their family. These include:
Clear guidelines set out and agreed to in the parenting plan enable ex-spouses/parties to work as a unit to raise children.
It manages the parents’ expectations of each other as they both agree to their respective duties and minimises the potential risk of conflict between them.
Parenting plans are largely based on the rights and responsibilities of parents, the best interest of the child and thus, foremost, protecting the children’s rights, prioritising their best interests by ensuring that they receive the care and support they need.
Early implementation of the parenting agreement after a divorce or after a child is born to non-married parents highlights when a party is struggling to fulfil their parental rights and or fails to uphold his/her duties. The legal parenting plan will regulate the situation and avoid having fights in Court by rather finding solutions or talking things out.
Parenting plans focus on the child’s needs and feelings and what is best for the children and allow children to also have a say in decisions affecting them. Legally, children can also have input in matters such as who they will be living with, how much time they are to spend with a certain parent, where they want to celebrate special occasions, which parent they want to spend holidays with and more. A child’s involvement will depend on their age and maturity level with regards to their input.
CAN PARENTING PLANS BE CHANGED, AMENDED OR ENFORCED IN SOUTH AFRICA?
South African Law recognises that parents’ circumstances can change over time and that, likewise, a child’s needs for care and support will evolve. It is always a good idea to, after consulting with either the other parent or your family lawyer, continually review and amend existing parenting plans to benefit the child’s ever-changing needs to best benefit the child. New agreed and negotiated terms will be included in the revised written parenting plan registered at the Children’s Court or Family Advocate’s Office.
In cases where one of the parents is consistently not honouring the parenting plan agreed to, the aggrieved parent is urged to exercise his/her legal right in terms of the signed legal parenting plan. Both parents are legally obliged to stick to their responsibilities and commitments. The parent not complying with his/her duties is thus technically in breach of the agreement, and the other parent can approach the Children’s Court or Maintenance Court (depending on the situation) for legal assistance and determination on the issue. By Law, the defaulting parent can face penalties, including fines, garnishee orders and jail time.
PM Attorneys boast extensive experience, knowledge and years in practice, making us the preferred legal partner in South African Law. Contact us for professional, expert advice and practical legal solutions to your parenting plan and child custody matters.
