parenting plans

Some parents make co-parenting look like a breeze, but for many, maintaining an amicable relationship with an ex after a breakup or divorce, isn’t always easy, especially when children are involved. For legal certainty and practical management, parenting plans are a wonderful way to regulate various aspects concerning the raising of children and avoiding long, traumatising and expensive battles in court.

A parenting plan is an agreement between parents of a minor child, that outlines how they will exercise their parental rights and duties after separating. In South Africa, parenting plans are usually agreed too and drafted by both parents with the help of a neutral third party or mediator, such as a lawyer.

A parenting plan is a beneficial legal solution to assists parents on important issues regarding raising of their children, including care, contact, and financial contributions. The agreement also covers essential decisions, such as:
  • Care and Contact, including
  • Primary Residence / Shared Residence regimes
  • Contact rights of non-resident parents
  • Guardianship and major decision-making
  • Maintenance
  • contact between the children and other people (including grandparents);
  • schooling and religion;

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It is advisable to implement a parenting plan shortly after a child is born (if the parents are not in a relationship) or directly after the relationship comes to an end and when parents are getting divorced.

A parenting plan will regulate the parental rights and duties of the parents and can create clarity for the parents.
  • The parents discuss and reach agreement on the issues they want to include in the Parenting Plan. The assistance of a neutral third-party like a lawyer can be beneficial at this point. 

  • The agreement is reduced to writing and signed by both parents.

  • The Parenting Plan is sent to the Office of the family Advocate to be approved and registered, or an application is made to the court to have the Parenting Plan made an order of court. 
  • Parenting Plans can save time and money and avoid stress and trauma.
  • Parenting Plans focus on the reasonable and practical needs of the parties and children. 
  • Parenting Plan assists the parties to find positive and reasonable solutions.
  • The Children’s Act requires parents to attempt to reach consensus on a Parenting Plan before approaching the Court in cases where disagreements involving children exist. 

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