When parents go through a divorce or separation, one of the most important considerations is the wellbeing of their children. In South African family law, a parenting plan is often one of the most effective ways to ensure that both parents remain actively involved in their child’s life while reducing future conflict and uncertainty.
At its core, a parenting plan provides structure, clarity, and stability for both parents and children during what is often a highly emotional time.
What is a parenting plan
At its core, a parenting plan provides structure, clarity, and stability for both parents and children during what is often a highly emotional time.
A parenting plan is a written agreement between parents that sets out how they will exercise their parental responsibilities and rights after separation or divorce.
Parenting plans are recognised in terms of the Children’s Act 38 of 2005 and are designed to prioritise the best interests of the child.
The plan can either be agreed upon voluntarily between the parties or negotiated with the assistance of attorneys, mediators, psychologists, or other family law professionals. Once finalised, it can be made an order of court and incorporated into the divorce settlement agreement.
What Does a Parenting Plan Include?
Every family is different, which means every parenting plan should be tailored to the specific needs of the child and parents involved. However, most parenting plans deal with the following important aspects:
Care and Residence of the Child
The parenting plan will set out:
- Where the child will primarily reside;
- Whether care will be shared between the parents;
- The child’s weekday and weekend routine; and
- Holiday and special occasion arrangements.
Contact Between the Child and Parents
The plan can regulate:
- Alternate weekend contact;
- Midweek contact;
- Sleepover arrangements;
- School holidays;
- Birthdays, Mother’s Day, Father’s Day, and religious holidays; and
- Telephonic or video contact.
Schooling and Extramural Activities
The parties may agree on:
- Which school the child will attend;
- Payment of school fees;
- Attendance at extramural activities; and
- Participation in important school decisions.
Medical and Healthcare Decisions
The parenting plan may include:
- Medical aid arrangements;
- Responsibility for medical expenses;
- Consent for medical procedures; and
- Emergency healthcare decisions.
Travel and Relocation
Many disputes arise when one parent wishes to relocate. A parenting plan can regulate:
- Local and international travel;
- Consent requirements for travel;
- Passport arrangements; and
- Relocation procedures.
Communication Between Parents
A properly drafted parenting plan often sets out:
- How parents should communicate;
- Timeframes for responses;
- Sharing of school reports and medical information; and
- Mechanisms to avoid unnecessary conflict.
Need Assistance With a Parenting Plan?
If you are going through a divorce or separation and require assistance with drafting a parenting plan or resolving disputes regarding care and contact, our family law team can assist you.
We provide professional guidance on:
- Parenting plans;
- Divorce settlements;
- Care and contact disputes;
- Mediation;
- Rule 43 applications; and
- Family law litigation.
Contact us today to arrange a consultation and discuss a parenting arrangement that is in the best interests of your child.
