This mandatory first step involves seeking assistance from a:
Family Advocate
Social Worker or Psychologist
Suitably qualified Mediator
Once an agreement is reached, RMB Attorneys will help you draft a comprehensive parenting plan. To make this plan legally binding and enforceable, you have two primary options:
Register the Plan with the Family Advocate: A straightforward way to formalise your agreement.
Make the Plan an Order of Court: This provides a higher level of accountability. If one parent breaches a plan that is a court order, they may be held in contempt of court. This is a crucial step for parents in high-conflict situations or where there is a history of domestic violence.
A parenting plan is a formal, written agreement between parents that outlines in detail how you will raise your children after you have separated or divorced. It serves as a practical roadmap for co-parenting, designed to provide clarity, stability, and reduce future conflict.
In South Africa, parenting plans are governed by the Children’s Act (Act 38 of 2005). They are typically developed through negotiation between the parents, often with the help of a mediator, family advocate, or social worker.
Yes. A parenting plan is a living document that can be adapted as your family’s circumstances change. If the plan needs to be amended or terminated, an application can be made either to the Family Advocate’s Office (if it was registered there) or to the court. A court application can be brought by either parent, the child, or a person acting in the child’s best interests.
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