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.

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:

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.