Parenting Plans and Parental Rights Agreements in South Africa

When a divorce is inevitable, a couple must decide who will be awarded primary residency of the minor children or whether the parties will share residencies and who may regularly contact them at reasonable times, how this will be exercised and so forth. Prior to the new Children’s Act 38 of 2005 (the Act), the parental rights were referred to as custody and access. Now those terms have been abolished and have been extended to include ‘parenting responsibilities and rights’, which include the obligation to care for the children and the responsibility and the right to maintain contact with the children.

Where parents were not married to each other, the question of parental responsibilities and rights may arise and an agreement pertaining to parental responsibilities and rights may be reached and certain procedures provided in the Act have to be followed. Where a dispute arises regarding the implementation of the agreed parental responsibilities and rights, parents may, with or without the assistance of the family advocate, create a parenting plan to detail what is required from each other regarding parental responsibilities and rights. The parenting plan has to be registered with the family advocate and/or be made an order of the court.

Bertus Preller is a Divorce and Family Law Attorney in Cape Town and has more than 20 years experience in law and 13 years as a practising attorney. He specializes in Family law and Divorce Law at Abrahams and Gross Attorneys Inc. in Cape Town. Bertus is also the Family Law expert on and on the expert panel of His areas of expertise are Divorce Law, Family Law, Divorce Mediation, Custody (care and contact) of children, same sex marriages, unmarried fathers rights, domestic violence matters and international divorce law.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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