In recent years, it has been legislated that if there are children who are involved in the divorce, then a Parenting Plan should be drawn up through a process of mediation. The reason for this is that even if the parents of the child/children are not living together they still need to communicate and ‘work together’ over the issues pertaining to the children.
If children are involved, the divorce process often becomes more volatile and it is definitely more complicated than if there are no children involved. How does one avoid squabbling over maintenance issues – access issues – holidays – discipline and all other facets of raising children? A Parenting plan offers a solution.
So what exactly is a Parenting Plan and is it really necessary?
A Parenting Plan is a document which is drawn if the parents of child/children are not living together. It deals with all aspects of how the child/children will be cared for and maintained.
A well – constructed Parenting Plan reduces conflict between parents over the issues which involve the children. This has far reaching advantages for everyone especially for the children.
How does the awarding of the custody of the children work?
According to the Children’s Act of 2005 both parents are co-holders of rights and responsibilities and guardianship of the children. It is accepted that unless decreed by a court of law both parents have the ability to care for the children.
So with whom do the children live?
Residency is negotiated. There is still a tendency for very young children to reside primarily with the mother. However, the court does recognise that both parents have the ability to care for the children and therefore the children may, potentially, reside primarily with the father. The child therefore has a primary residence, which is the home where he/she mostly resides and a secondary residence which is the home of the parent who has the child/children for regular holidays and weekend visits.
Can the time be divided equally between both parents?
Yes – but this generally happens when the children are older and are thus better able to cope with moving between two residences.
When is the Parenting Plan negotiated?
Parenting Plans are generally negotiated at the time of the divorce. However, parents who did not negotiate a Parenting Plan at the time of the divorce may negotiate a Parenting Plan Post-divorce. Parenting Plans may also be completed when children who are born out of wed-lock.
Who assists with the negotiation of Parenting Plan?
Parenting Plans are mediated by someone who has been trained in mediation and who has knowledge of the Children’s Act. It could be a lawyer, psychologist, counsellor, minister of religion or a social worker who has undergone the appropriate training. The mediator’s role is to be the voice of reason and to help the parents to make sound decisions which are in the best interests of the child/children
Are specific aspects covered in the Parenting Plan?
Parenting Plans are personal and will include any issues which the parents consider to be important. The following are some of the aspects which are routinely included: – residency, contact (that is time allocated to each parent), holiday contact, public holidays, contact on Mother’s Day / Father’s Day, contact on religious celebrations for example Christmas, telephonic contact, medical expenses, education, extra-mural / sport activities, social activities, spiritual allegiance or commitment, extended family responsibilities, discipline, physical care, relocation, information sharing, death of parents and so on.
Are Parenting Plans reviewed?
The Parenting Plans are reviewed in accordance with the age of the child/children. When the children are very young it may be done as often as every six months because the children’s needs are rapidly changing. When the children are older it will be done less often – every two years.
Reference
Botha, L. (2011). Drafting of a Parenting Plan.
Douchen, P. M., & Dennill, I. Post-divorce conflict: – Dealing effectively with conflict through Parenting Plans.
Robson,T . M. (2010). Parenting Plans: The development of substantial guidelines for professionals.