A parenting plan is an agreement entered into between co-parents which outlines and regulates how the two parents will exercise their rights and responsibilities in respect of their child post divorce/separation.
The Children’s Act provides that the best interests of the child is of paramount importance in all matters concerning the care, protection and well-being of a child.
Parents, as co-holders of parental rights and responsibilities, are expected to care for the child, maintain contact with the child, act as guardian to the child, provide financial support to the child and provide for the child’s needs. Where issues arise, the co-holders must first seek to agree on a parenting plan.
The agreement essentially includes aspects such as:
- where and with whom the child will live;
- contact between the child and either parent or any other person;
- the maintenance of the child; and
- the child’s schooling and religious or spiritual upbringing.
Furthermore, the agreement must comply with the best interests of the child principle. It must also be in writing, signed by both parties and registered with the Family Advocate or made an order of Court once endorsed by the Family Advocate.
The parents must seek the assistance of the Family Advocate, social worker or psychologist, or mediation through a social worker or a family law attorney when drafting a parenting plan.
If the parties are unable to agree on issues relating to their child, mediation would be the most effective way to resolve their disputes.
Once made an order of Court, the parenting plan must be strictly complied with failing which either parent may be held in contempt of Court for breach thereof.
For more info or assistance with a parenting plan, child-related dispute or the mediation process, contact us via our contact form or email info@angelalaw.co.za.