For parents considering divorce or separation, a common and major concern is how they are going to care for and raise their children. This is where creating a parenting plan comes in. Parenting plans provide a clear and structured approach to co-parenting after separation. Below, we cover some of the most frequently asked questions about creating a parenting plan in South Africa.
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What Is A Parenting Plan?
A parenting plan is a written agreement between divorced or separated parents that outlines how they will care for and raise their children, this is done according to the Children’s Act, focusing on the child’s best interests.
The plan must follow a prescribed form and cover important topics such as where the child will live, how much time the child will spend with each parent, and how major decisions about the child’s life will be made.
Both parents collaboratively draft the parenting plan with the help of a neutral third party such as a mediator.
Why Is A Parenting Plan Important?
It is important to have a parenting plan because it provides clear guidelines for both parents to work together to raise their children, manage expectations and minimise conflict. It assists parents in navigating the challenges of post-separation life and ensures that their child’s best interests are met.
Parenting plans are crucial, especially in situations where parents struggle with exercising their rights and responsibilities.
What Is The Process For Creating A Parenting Plan In South Africa?
In most cases, parents will work together with a mediator as a neutral third party to create a plan that not only works for them but also ensures the best interests of their child.
When Should You Create A Parenting Plan?
Creating a parenting plan is advisable shortly after the birth of a child (if the parents are not in a relationship) or following the end of a relationship or marriage. A parenting plan is crucial if either parent encounters challenges in exercising their parental rights or fulfilling their responsibilities.
How Does The Court Determine What Is In The Best Interests Of The Child?
The court will consider a variety of factors when determining what is in the best interests of the child, these include the child’s age, health, and emotional needs, the relationship between the child and each parent, and the ability of each parent to provide a stable and safe environment for the child.
What Factors Are Considered When Creating A Parenting Plan?
As each family is unique, factors can vary from family to family, but some of the most common factors considered are:
- Living arrangements: where the child will live, how much time they will spend with each parent, and how the child will move between homes.
- Decision-making: how major decisions about the child’s life, such as education, healthcare, and religion, will be made.
- Communication: how the parents will communicate with each other and the child about important topics related to the child’s life.
- Child maintenance: how the costs of raising the child will be shared.
- Special needs: how the needs of the child, such as special educational, medical, or emotional needs, will be met.
Can Parents Create Their Parenting Plan Or Do They Need A Mediator?
Parents can create a parenting plan without the help of a mediator. However, most parents choose to enlist the help of a mediator to ensure that their plan is thorough, drafted correctly and meets the best interests of the child.
What Happens If Parents Are Unable To Reach An Agreement On The Parenting Plan?
If parenting plan mediation is unsuccessful, the parents may need to seek the assistance of the court, where a judge will make a decision based on the best interests of the child and the evidence presented by both parents.
The Children’s Act encourages parents facing difficulties to first seek help through means such as mediation before approaching the court.
How Often Can A Parenting Plan Be Changed?
Parenting plans are not static and should be reviewed and amended as children grow and circumstances change. Instances, where a change to a parenting plan would be required, would be if one parent relocates or experiences a change in their financial situation.
A parenting plan can be changed at any time as long as both parents agree to the changes. However, if one parent objects to the proposed changes, a court order may be necessary.
Can A Parenting Plan Address Issues Related To Child Maintenance?
Yes, a parenting plan can address issues related to child maintenance. The plan may outline how the costs of raising the child will be shared between the parents.
What Happens If One Parent Refuses To Adhere To The Parenting Plan?
Legally speaking, both parents are required to keep their commitments and stick to the parenting plan.
If a court makes the parenting plan legally binding and either parent doesn’t fulfil their duties, they are in breach, and the other parent can approach the Children’s Court or Maintenance Court (depending on the situation) for assistance.
As a binding document, it gives co-parents peace of mind knowing they can get legal help if the agreement isn’t honored.
How Important Is Mediation And The Role of The Mediator In Creating A Parenting Plan?
Mediation plays an important role in creating a parenting plan. A mediator is a trained professional who assists parents in navigating the complexities of co-parenting. The mediation process promotes trust and open communication, setting the stage for effective co-parenting.
A thoughtfully created parenting plan can help prevent parental alienation by establishing clear guidelines for parental access and reducing conflict triggers.
Creating A Parenting Plan – Final Thoughts
A parenting plan is a valuable tool that can provide stability and structure for children and their parents.
If you are facing a divorce or separation and need assistance with creating a parenting plan, we can help you navigate the process, reach out to us, we’re here to help.
See our guide on the Developmental Needs of Children of Divorce.
We couldn’t create a happy future for us, but at least let us create a happy and a healthy future for our child —
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