Parenting plans – what are they? Whether married or not, co-holders of parental responsibility are obliged to devise a parenting plan before approaching the court for relief. This can be done through mediation by a social worker or other suitably qualified persons, including an attorney who is an accredited divorce mediator. The Childrens Act seeks to promote a problem-solving approach to family law as opposed the traditional but often destructive confrontational approach. Section 33 of the Act provides for the formalities and contents of such parenting plan: Contents of parenting plans 1) The co-holders of parental responsibilities and rights in respect of a child may agree on a parenting plan determining the exercise of their respective responsibilities and rights in respect of the child. 2) 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. 3) A parenting plan may determine any matter in connection with parental responsibilities and rights, including- a. where and with whom the child is to live; b. the maintenance of the child; c. contact between the child and- i. any of the parties; and ii. any other person; and iii. the schooling and religious upbringing of the child. 4) A parenting plan must comply with the best interests of the child standard. 5) In preparing a parenting plan as contemplated in subsection (2) the parties must seek- a. the assistance of a family advocate, social worker or psychologist; or b. mediation through a social worker or other suitably qualified person. bregmans.co.za/parental-responsibilities-and-rights/
Posted on: Thu, 04 Dec 2014 16:50:48 +0000
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