Welcome to Divorce and Family Mediation Randburg, my name is Nicki Macartney. As a qualified divorce and family mediator I can assist you with your divorce or separation in a kinder and more gentle way. Although I am an admitted attorney as well, I do not agree with high conflict divorces as the emotional trauma left it the wake of such a divorce is so unnecessary and the damage can be lasting.
Getting divorced is never easy but I can help you, your spouse and your children get to the other side with as little trauma as possible.
I will assist you to come to a mutually agreeable solution for your family.
I also assist unmarried couples with children who are separating. I will assist you through the transition with the help of a parenting plan.
The Children’s Act stipulates that “if the co-holders of parental responsibilities and rights in respect of a child are experiencing difficulties in exercising their responsibilities and rights, those persons, before seeking the intervention of a court, must first seek to agree on a parenting plan determining the exercise of their respective responsibilities and rights in respect of the child”.
The parents may also, in the absence of a dispute, voluntarily decide to have a parenting plan drawn up in which both parents’ parental responsibilities and rights as well as the exercising of these responsibilities and rights are prescribed. With such a plan, possible future problems could be identified, discussed and resolved timeously.
In the event of divorce, the parenting plan could be attached as an addendum to the settlement agreement between the parties. The plan would first be registered with the Office of the Family Advocate, after which it would be made an order of court together with the settlement agreement. If the court has already granted a divorce, a parenting plan could still be compiled and the court requested to attach the plan as an addendum to the existing settlement agreement between the parties thus making it an order of court.
A parenting plan could still be compiled, registered with the Family Advocate’s Office and made an order of court even if the parents of the child are not married and a settlement agreement between the two parties is not applicable or necessary. (Ideally, both these steps should be taken.)