Mediation & Parenting Plans

  • A parenting planis a legally constituted document provided for in the Children’s Act 2005 of South Africa. A parenting plan is an agreement between the co-holders of parental rights and responsibilities towards their children. The plan should always be in the best interest to the child or children.
  • A parenting plan can be drawn up when one of the following two conditions apply to the parent’s circumstances:
    1. When therelationship or marriage has come to an end and both parties agree that they want to draw up a parenting plan as part of securing and exercising their parental rights and responsibilities towards their children, or
    2. Whenone or both parents are experiencing difficulties in exercising their responsibilities and rights they may decide on a parenting plan in order to help make sure that these rights and responsibilities are exercised in respect of the child/ren.
    3. When ordered by the court to draw up a parenting plan.
    4. When requested by legal representatives dealing with parenting contracts or divorce cases.
  • A parenting plan can be drawn up at any time after a relationship has come to an end. The best time to develop the plan is before the divorce is finalised. The parenting plan then becomes part of the divorce settlement and the agreements herein concerning the care and contact maintenance ext, becomes the binding rules for both parents.
  • A parenting plan can also be drawn up after the parents’ divorce and changes to the divorce settlement regarding the issues concerning the children can be formalised. Parenting plans should be registered either at the Office of the Family Advocate or the Children’s Court who are authorised to make the contents of the plan a legally binding order.
  • Contact us for more information on the process of developing a parenting plan.