Parenting Plans in South Africa
Helping Parents Build Child-Focused Parenting Arrangements After Separation and Divorce
Parenting Plans in South Africa are one of the most important documents separating or divorcing parents can prepare for their children.
Parenting Plans provide a practical, written framework for how parents will continue to exercise their parental responsibilities and rights after separation and divorce. It helps parents make decisions about their child’s care, provides for contact and communication between parent and child, the child’s education and healthcare and a myriad of other aspects pertaining to the child.
More than simply recording where a child will live or when contact will take place, a well-drafted Parenting Plan promotes optimal co-parenting between the parents as well as stability, a reduction in conflict and increased certainty for a child regarding how his or her life after seperation and divorce. Every parenting plan should reflect the unique needs of the child involved and must be guided by the principle that the child’s best interests are of paramount importance.
This guide explains what Parenting Plans are, when they may be appropriate, what they typically include, how they are developed, and the legal framework governing Parenting Plans in South Africa.
This guide also explains how mediation can help parents reach practical, child-focused agreements that support healthy co-parenting long after separation and divorce.
What is a Parenting Plan?
A Parenting Plan is a written agreement between people who share parental responsibilities and rights in respect of a child. It records how they will exercise those responsibilities and rights following separation or divorce and it provides a practical roadmap on how they will raise their child despite their no longer living together as one family.
Although the Children’s Act 38 of 2005 does not provide a formal definition of a Parenting Plan, sections 33 and 34 of the Children’s Act establish the legal framework within which Parenting Plans may be prepared and, where appropriate, registered with the Family Advocate or made an order of court.
Rather than leaving important parenting decisions to chance or future disagreement, a parenting plan enables parents to agree in advance on the arrangements that will best serve their children’s needs.
When is a Parenting Plan Appropriate?
A Parenting Plan may be appropriate whenever parents who share parental responsibilities and rights are no longer living together and need to make practical arrangements for their children.
This commonly arises:
- during divorce proceedings
- after the breakdown of a marriage
- following the end of a long-term relationship
- where unmarried parents separate
- when parents wish to clarify existing parenting arrangements
- where disputes arise regarding the care or contact of a child.
Every family is different. The purpose of a Parenting Plan is not to create a cookie-cutter standard arrangement, but rather one that reflects the unique needs of each child and family.
What Should a Parenting Plan Include?
Every Parenting Plan should be tailored to the particular needs of the family. Depending on the circumstances of the child and family, a Parenting Plan will deal with:
- the child’s residence
- parenting contact arrangements
- weekends, school holidays and public holidays contact
- birthdays (the child and other significant third parties)
- Special occasions contact (Christmas, New Yers Day, Easter, Diwali & Eid to name but a few)
- the transportation arrangements for the child (to and from school, extramurals and weekend visits)
- schooling and educational decisions
- medical & dental treatment
- the child’s religion and other relevant cultural matters
- communication between the child and each parent
- communication between the parents
- extracurricular activities
- travel within and outside of South Africa
- passport, birth certificate and other critical documents for the child
- third parties in the child’s life
- dispute-resolution procedures
- future maintenance-related arrangements
- future review of the Parenting Plan.
A carefully drafted Parenting Plan anticipates future situations and provides practical guidance for parents long after the separation and divorce process has ended.
Must Parents Use a Mediator?
The Children’s Act encourages parents experiencing difficulties in exercising their parental responsibilities and rights to attempt to reach agreement on a parenting Plan before approaching the Court for assistance.
Mediation provides parents with a confidential, child-focused process in which they can in a private and confidential manner discuss any concerns they may have regarding their future co-parenting, explore options for resolution of their concerns and develop a suitable parenting arrangement with the assistance of an independent and impartial mediator.
Rather than deciding who is right or wrong, mediation focuses on helping the parents make decisions that promote the best interests of their child while preserving important family relationships wherever possible.
Many parents find that mediation allows them the space to jointly develop a flexible and workable parenting arrangement that meets not only their child’s unique needs but also their own needs and requirements.
Registering a Parenting Plan
Sections 33 and 34 of the Children’s Act regulate the preparation and registration of Parenting Plans.
Where appropriate, a Parenting Plan may:
- be registered with the Office of the Family Advocate; or
- be made an order of court.
The applicable legal formalities and prescribed documentation must be complied with before registration or incorporation into a court order.
Parents should obtain legal advice or professional assistance to ensure that their Parenting Plan complies with the relevant legislative requirements as well as the best interests of the child standard.
The Best Interests of the Child
The guiding principle underlying every Parenting Plan is that the child’s best interests are of paramount importance.
This requires parents to look beyond their own differences and focus on what will best promote their child’s:
- emotional wellbeing
- stability
- safety
- developmental needs
- meaningful relationship with both parents, where appropriate
- long-term adjustment following separation.
A Parenting Plan should never be viewed as a document designed to benefit one parent over the other. Its primary purpose is to promote the welfare and healthy development of the child.
Should Children Be Consulted?
Depending on the child’s age, maturity and stage of development, children may be given an opportunity to express their views regarding matters that affect them.
This does not mean that children are asked to choose between their parents.
Rather, it recognises that children often have valuable insights into their own needs and experiences, and that their views should be considered appropriately within a child-focused process.
Where children participate, this should occur in a manner that protects them from conflict and avoids placing them under pressure or responsibility for the outcome.
Benefits of a Parenting Plan
A well-prepared Parenting Plan offers significant benefits for both parents and children.
For parents it provides:
- greater certainty
- fewer misunderstandings
- clearer expectations
- reduced conflict
- practical guidance for future decision-making.
For children it provides:
- stability
- predictability
- emotional security
- consistency between households
- reassurance that both parents remain actively involved in their lives.
Perhaps most importantly, a Parenting Plan encourages parents to move away from conflict and a more towards cooperative parenting approach focused on their children’s future, rather than their past relationship.
Frequently Asked Parentingn Plan Questions
Is a Parenting Plan compulsory?
Not in every case. Whether a parenting plan is appropriate depends on the particular circumstances of the family and the issues requiring regulation. A Court will not however grant a divorce in the absence of a document setting out the arrangements that will govern the parents co-parenting of their child.
Can parents change a Parenting Plan?
Yes. Parenting Plans should be reviewed annually. Any amendment would need to be by agreement and amendments must first and foremost meet the best interests of the child standard.
Can unmarried parents have a Parenting Plan?
Yes. Parenting Plans are not limited to married parents, they serve a critical purpose for unmarried parents who share parental responsibilities and rights.
Does a Parenting Plan deal with maintenance?
Yes. this is an area which should be dealt with in the Parenting Plan as it is a critical componet of Parental Responsibilities and Rights. It can also be dealt with separately.
Can a Parenting Plan prevent future disputes?
No document can ever eliminate every co-parenting disagreement. A carefully prepared Parenting Plan however has the advantage of helping to reduce future uncertainty regarding the children’s arrangements. It also provides parents with practical guidance on how to handle future issues.
How Our Practice Can Help Parents
Preparing a parenting plan involves much more than completing a template or deciding where a child will spend alternate weekends. Every family has unique needs, and every Parenting Plan should reflect those unique circumstances.
As an experienced and long-standing Family Law Attorney and accredited Family & Divorce Mediator , Tracey-Leigh Wessels helps parents to develop a carefully considered and uniquely child-focused parenting plans that comply with the South African laws while promoting sustainable co-parenting arrangements for the future.
If you would like to understand how mediation can assist in preparing a parenting plan, you may also wish to read Mediating Parenting Plans, which explains Tracey-Leigh’s mediation process in greater detail.