Parenting plans: All you need to know 

A parenting plan is an agreement that details how parents will raise their children after separation or divorce.

The requirements of a parenting plan:

• A parenting plan must be in the best interest of the child as provided for in section 7 of the Children’s Act
• A parenting plan must be in writing and signed by the parties to the agreement
• A parenting plan may be made an order of court by way of an application in the prescribed format

Common issues covered by a parenting plan:

• Where and with whom the child is to live
• Maintenance of the child
• Contact between the child and any of the parties to the parenting plan or other persons
• Schooling of the child
• The religious upbringing of the child

Who has to agree on a parenting plan?

A parenting plan may be entered into by any person who has parental rights and responsibilities in respect of a child. Usually:

• The biological mother of a child
• The biological father of a child if he is married to the child’s mother or was married during the child’s conception, birth, or any time between conception and birth
• The unmarried biological father who complies with the requirements provided for in section 21 of the Children’s Act
• Persons who acquired parental responsibilities and rights through parental responsibilities and rights agreements as provided for in section 22 of the Children’s Act
• The adoptive parents of a child
• Persons who acquired parental responsibilities and rights through orders of the court

When should you enter into a parenting plan?

Co-holders of parental responsibilities and rights who experience difficulty in exercising these responsibilities and rights must first seek to agree on a parenting plan before they seek assistance from a court of law. 

When parties seek to enter into a parenting plan, they must do so with the assistance of one of the following:

•  A family advocate 
• A social worker 
• A psychologist 
• Through mediation via a social worker or another suitably qualified person, like an attorney with the necessary skills or experience.

Parenting plans and children: The child’s say

The Children’s Act states that the child must be involved in the process.

Regulation 11 to the Children’s Act states that the child must be consulted and allowed to express his or her views during the development of the parenting plan. However, the child’s age, maturity, and stage of development must be borne in mind and the child’s views must be considered accordingly. 

The child should be given top priority and, most importantly, the parenting plan should be negotiated as an issue distinct and apart from financial or other issues between the parties, except for the child’s maintenance, which must form part of the parenting plan. 

To maximise the advantages of the option of a parenting plan, both parents should commit to the following:

1. Resolve conflict without putting the children in the middle of the battle or using them as pawns against the other party
2. Share parenting responsibilities and rights
3. Demonstrate positive conflict resolution
4. Treat the other parent with respect