1. What is a parenting plan in South Africa?
A parenting plan is a written agreement between parents that sets out how they will exercise their parental rights and responsibilities after separation or divorce. It covers living arrangements, maintenance, contact schedules, and decision-making about the child’s upbringing.
2. Is a parenting plan legally binding?
Yes. A parenting plan becomes legally binding once it is registered with the Family Advocate or made an order of court. This ensures that both parents are required by law to follow it.
3. Who needs a parenting plan?
Any parents (whether divorced, separated, or unmarried) who share parental responsibilities for a child can benefit from a parenting plan. It reduces conflict and provides clear guidelines for co-parenting.
4. What happens if a parent doesn’t follow the parenting plan?
If a parenting plan has been made a court order, failing to comply may be treated as contempt of court. The other parent can apply to enforce the plan in court.
5. Can a parenting plan be changed?
Yes. Parenting plans are flexible and can be reviewed or updated as children grow and their needs change. Changes can be made through mediation or by agreement between the parents, and then registered again with the Family Advocate or court.
6. Do children have a say in the parenting plan?
Yes. According to the Children’s Act, children have the right to be heard. Their views must be considered based on their age and maturity, and the parenting plan should be explained to them.
7. Who can help us create a parenting plan?
Parenting plans can be developed with the help of:
- A family law attorney
- A family mediator
- A social worker
- A psychologist
- Or through the Family Advocate’s Office
Mediation is usually the preferred route, as it reduces conflict and keeps parents in control of the decisions.
8. How long does it take to finalise a parenting plan?
The timeframe depends on the level of agreement between parents. In many cases, a parenting plan can be drafted and finalised within a few mediation sessions. More complex cases may take longer, especially where there is high conflict or relocation issues.
9. Why is a parenting plan important?
A parenting plan provides stability and structure for children, reduces disputes between parents, and ensures that all decisions are made in the best interests of the child, as required by South African law.
