Parenting Plans in South Africa
When parents separate or divorce, children need stability, consistency, and reassurance that both parents remain committed to their wellbeing. One of the most effective tools to achieve this is a parenting plan.
A parenting plan is more than just a legal requirement — it is a road map for raising children after separation. It sets out clear expectations and guidelines so that conflict between parents is minimised and children can thrive.
What Does It Take to Co-Parent Well?
Aside from a positive attitude and the commitment to always put your children first, successful co-parenting requires a solid, well-thought-out plan.
Whether you are divorced, separated, or were never married, if you have children together you will remain connected for many years to come. Think of co-parenting as similar to running a business partnership — you would never manage a business without communication or agreed rules. The same applies to parenting.
A written parenting plan becomes your family’s roadmap, ensuring that day-to-day arrangements are clear and disputes are reduced. When the plan is detailed and carefully drafted, it leaves little room for conflict and helps everyone focus on what matters most: the children.
Parenting Plans and the Children’s Act
The Children’s Act 38 of 2005 requires that parents (or any holders of parental rights and responsibilities) who are in conflict about exercising those rights must first attempt to mediate their differences before going to court.
This can be done with the assistance of:
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The Family Advocate
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A psychologist
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A social worker
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Or a qualified family mediator
The Act also emphasises two key principles:
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The voice of the child must be heard. Children should be given an opportunity to express their views, with their age and maturity taken into account.
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The best interests of the child standard applies to all decisions. Every aspect of the parenting plan must prioritise the child’s emotional, physical, and developmental wellbeing.
What Will Be Dealt With in a Parenting Plan?
A comprehensive parenting plan covers all important aspects of family life, such as:
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Living arrangements of the child
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Child maintenance
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Contact with the other parent or significant persons
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Schooling and education
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Religious upbringing
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Emergency protocols
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Discipline guidelines
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Any other issues that are important to the parents and child
During mediation, the mediator will consult with both parents (and the children, where appropriate) to explore these issues and help create a plan that works for the whole family.
Why Parenting Plans Are Important
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Children need frequent, consistent contact with both parents. Parenting plans make this possible.
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They create a sense of stability and predictability, which reduces children’s anxiety during family transitions.
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Parenting plans can be reviewed and updated as children grow and their needs change.
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In high-conflict divorces, registering the plan with the Family Advocate and making it a court order ensures enforceability. A breach would then be seen as contempt of court.
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In most cases, parents comply with the plan because they themselves helped create it.
Why Choose Mediation for Parenting Plans?
Mediation offers a safe, neutral space for parents to discuss and agree on every element of the parenting plan. It reduces conflict, keeps decisions in the hands of parents rather than a judge, and always focuses on the best interests of the child.
Get Professional Help With a Parenting Plan
As a family law attorney and divorce mediator in Randburg, I assist parents in drafting, mediating, and registering parenting plans that are legally compliant, practical, and child-focused.
