A parenting plan is a legal document which covers issues related to minor children. It is a requirement to have a plan drawn up in terms of the Children’s Act when a couple is getting divorced. The best time to develop the plan is before the divorce is finalized. The parenting plan then becomes part of the divorce settlement.
In the parenting plan, there are some clauses for example: Financial responsibilities (maintenance) of each parent, which parent the children will live, what happens on holidays and special occasions, what will happen for the medical aid and how will decision making work in respect of schooling
What is the difference between a divorce settlement and a parenting plan?
A parenting plan is specifically focussed on the issues concerning the minor children from the relationship. It does not cover issues assets like the car, house or pension. These other matters are addressed in a divorce settlement agreement. So the parental plan just deals with the aspects relating to the child.
How do you draw up a parenting plan agreement?
Parenting plans can be drawn up by a social worker, or a Lawyer. What happens practically is that your partner and yourself will discuss the issues in the plan and see what can be agreed. These decisions are then documented into the parenting plan which will then registered with the Office of the Family Advocate.
Can the children take part in drawing up a parenting plan?
Yes that is the best if they are of a suitable age. Once the parenting plan is complete it is also a good idea to work it through with children on the level that they can understand to make sure that they know how things will work going forward.
Can you make changes to a parenting plan?
Parenting plans are made with the information available and the circumstances in which the parents find themselves in at the time when the plan is drawn up. Its aim is to put a sustainable plan forward that can last without many revisions. But circumstances do change and parenting plans then must be revised. You can make changes to the plan. The new plan then should be submitted to the Office of the Family Advocate who will then endorse the changes.
What to do if your ex doesn’t keep their end of the parenting plan?
The parenting plan becomes a legally binding document once it has been authorized as part of the Divorce Order. Both parties are then legally required to stick to the parenting plan. If a parent does not fulfil their parental responsibilities they can be taken to the Maintenance Court or Children’s Court. It is then in the discretion of the Court to determine a consequence to the action of the parent that is in breach of the parenting plan. This could include garnishing orders, fines or even jail time. The parenting plan is a valuable safety net for the child.
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