Essential Questions and Answers About Parenting Plans in South Africa
A parenting plan is a vital tool for separated or divorced parents to ensure the well-being of their children. It outlines how parents will share responsibilities and make decisions regarding their children’s upbringing. Below are ten frequently asked questions and answers to help you understand the importance and structure of parenting plans.
1. What is a parenting plan?
A parenting plan is a written agreement between parents that outlines how they will care for and make decisions about their children after separation or divorce. It covers aspects such as residence, contact, education, healthcare, and religious upbringing.
2. Is a parenting plan legally binding?
Yes, once a parenting plan is made and an order of the court or registered with the Family Advocate, it becomes legally binding. This means both parents must comply with its terms unless they agree to amend it or seek a court variation.
3. Who can draft a parenting plan?
Parents can draft a parenting plan themselves, but it is highly recommended to do so with the assistance of a legal professional, social worker, or mediator. Advocate Muhammad Abduroaf, for example, offers expert assistance in drafting parenting plans that comply with the Children’s Act.
4. What should be included in a parenting plan?
A comprehensive parenting plan should include:
- Living arrangements
- Contact schedules (weekends, holidays, birthdays)
- Decision-making responsibilities
- Schooling and education
- Medical care
- Religious and cultural upbringing
- Communication methods between parents
5. Can a parenting plan be changed?
Yes. If circumstances change (e.g., relocation, change in employment, or the child’s needs evolve), the parenting plan can be amended. However, changes should be made in writing and ideally with professional guidance or court approval.
6. What happens if one parent doesn’t follow the parenting plan?
If a parent breaches the plan, the other parent can seek enforcement through the Family Court. The court may issue orders to compel compliance or even modify the plan if it’s in the child’s best interest.
7. Is a parenting plan required by law?
Under the Children’s Act 38 of 2005, if parents cannot agree on parental responsibilities and rights, they are required to attempt to agree on a parenting plan before approaching the court. It promotes cooperation and reduces conflict.
8. Can children be involved in creating the parenting plan?
Yes. The Children’s Act encourages considering the views of the child, depending on their age and maturity. This ensures that the plan reflects the child’s best interests and preferences.
9. Do unmarried parents need a parenting plan?
Yes. Parenting plans are not limited to divorced couples. Unmarried or separated parents can also benefit from a formal agreement to avoid misunderstandings and ensure consistent parenting.
10. Why should I use Advocate Muhammad Abduroaf for my parenting plan?
Advocate Abduroaf is a Trust Account Advocate with extensive experience in family law. He understands both the legal and emotional complexities of parenting plans and offers personalised, culturally sensitive, and cost-effective services. His guidance ensures your parenting plan is legally sound and tailored to your family’s unique needs.
My ex boyfriend refused to signed the home affairs document to change our daughters surname back to my surname. The child was born out of wedlock and we agree to k register the child on his surname to prevent complications if we should get married. Marriage promised was broken and know I need to change the surname
You will need to approach the High Court. If the court decides it is best to change the surname, it would do so.
Good Day
Please advise if a parenting plan be signed before going to court as I feel that social worker is bias and not neutral or can it be signed when we get to court.
Hello
I am at wits end:
We have a parenting plan, but my ex wife is being very spiteful toward me
She is flexing certain things in the parenting plan and I have currently seen a Social Worker from the Western Cape Government, who i think, isnt taking me seriously or he is just over-worked.
Can i approach the courts for advice, perhaps the clerk of the family court?
Good day
Court’s don’t give advice. We suggest you contact a lawyer, the Office of the Family Advocate, or a Social worker etc for advice.
Hi. So I am a father of a one year old girl who is living in Jhb (where my daughter was born) and when she was about 6months old her mom and I broke up. As a result of us breaking up she has moved back into her elderly moms home all the way in ballito. We weren’t married but shared fully the excitement and responsibility of all prebirth costs and she was born here in JHb. So.. After 6months of constant and very costly drives there and back its gotten to the point where my x has started saying things like until the child is at least 3 years old she expects me to have to cater and house my x here in jhb if I want to see my child. So I have always financially done my share and couldn’t force her to live here in jhb even although we both planned a life here umtill we broke up. Its been 6 months and I am feeling like my responsibility and right to be her father is being held back by my X. Consistently reliving old personal relationship issues we had over ,6monts ago and assuming that without her being present in jhb myself and my family here can’t get our time with my daughter. What is a reasonable way to divide time fairly considering the distance we are now apart.
Please please please help me
Good day
You and the mother must try to agree on a parenting plan. Look around for someone in the area where the mother lives who can assist you. There are many social workers and psychologists etc who do these types of work. Otherwise, we advise you to approach the Children’s Court where the mother lives to resolve the issues. If it is within your budget, also consider making use of a lawyer.
can she demand to have everything that my kids since the child is register in my husband name
Hi.
We were together for 10 years, but were not married. We split now recently and I have suggested we have a parenting plan set up.
The father does not want to sign, as he wants the “primary caretaker” description to be removed from my name. He is also wanting 50/50 custody.
He does not have an attorney, and I feel my attorney is not the best fit, as she is very young and there is no urgency in my case. What do I do?
Good day
No one can force a parent to sign a Parenting Plan. You should then proceed with a hearing to decide what is best for your child. If you are not happy with your legal representative, you need to address it with him or her, and if that does not work, maybe change lawyers.
I’m married how does the parental care works as my husband had child into wedlock
You are both co-holders of parental responsibilities and rights. You both must care for the child to the best of your capabilities. How that is done and who does what depends on your unique circumstances.
I would like to know during festive season can the mother take the child for Christmas to visit then the father takes the child for new years eve to visit him or vice visa?
Good day
If both parents agree to it, then it should be fine.
Good Day
Parenting Plan is in WA state jurisdiction. It states Father is to collect child within 1 week of school ending, so in this case school ended May 23rd so May 31 (today) is a week. I have received no itinerary for flight travel, but the child mentioned that his father said he would fly on June 4th…as he (father) is out of town on his birthday weekend. Since the week window is “not convenient” for this Father, do I have a legal right not to allow the child to fly for his summer visitation? Thank You in advance for assistance in this matter.
Both parents should adhere to the order. If a parent does not excise contact as per the Order, he or she forfeits it.
How does a parenting plan work for a 3 year old girl.is the father allowed to take her for holiday if we are living far apart. Every single holiday must it be split.
The nature of a parenting plan is by agreement. Only you and the father would know what can work for you two and the child. No one else. Best you discuss it, and if you cannot come to an agreement, see a mediator before going to court.
Good day
Can you explain the relevance of a parenting plan?
I am divorced and my ex husband thinks we should get a parenting plan legally drafted but I don’t think its necessary.
Kindly elaborate.
Thanks
Good day
In essence, a parenting is appropriate for parents who constantly disagrees on parenting aspects. For example, when contact should be exercised. The Plan would be drafted with the purpose of avoiding future disputes. So if there is an issue, you refer to the plan.
Good afternoon.
The father of my children and I cannot agree on a Parenting Plan. What can I do?
Good day Marie
A parenting plan by its very definition is a document the parents agree to. If you and the father cannot come to an agreement, then a court would have to intervene. This can be very expensive and time consuming. What we suggest is that you try to see a more experienced mediator to resolve the matter and to get you to agree on a Parenting Plan.
Hello
If you cannot agree on a Parenting Plan, we would suggest you see a professional to assist you . Here you can use a lawyer, social work, psychologist or other suitably qualified person. If that does not work,, and there are still issues, a court would have to be approached to resolve it. This can however be expensive and only a last resort.