A parenting plan is essentially a roadmap directing how children will be raised after separation or divorce.
The Childrens Act offers parenting plans as a method to assist parents with how to exercise their parental responsibilities and rights after separation or divorce.
It must comply with the best interests of the child principle as set out in the Act, and must be in terms of a prescribed form and include the following issues:
- where and with whom the child is to live;
- the maintenance of the child;
- contact between the child and any other person; and
- the schooling and religious upbringing of the child.
As a co-parenting solution, it is a written agreement drafted by both parents with the help of a neutral third party, usually a social worker, psychologist or family lawyer, acting as a mediator. The Act requires that children also be consulted when such a plan is drafted so that they have an opportunity to give their input on who they wish to live with, how much time they wish to spend with each parent and where they wish to spend special occasions, as well as any other areas in which they feel they should have a say. The age of the child will determine the level of input allowed/required. Once the plan is finalized, it is signed by both parents. Parenting plans need to be continually reviewed, as children’s developmental needs change over time. Reviews can range from every six months to every two years, depending on the child’s age.
During the drafting phase, the mediator will explore all aspects of family life, focusing on what is in the best interests of the child, and, together with the parents, will determine things such as how often and when each parent will see the child, which home will become the primary residence, which religion the child will be brought up in, which schools he/she will attend and where the child will spend holidays. In addition, the plan may specify how parents will communicate with each other and the child, and how new partners will be introduced. Typically, a parenting plan may state that the parents will encourage the child to phone the other parent each day, or that the parents agree not to speak negatively about each other in front of the child.
THE FORMALITIES FOR REGISTERING A PARENTING PLAN
Section 34 of the Children’s Act provides that
- The Plan must be in writing.
- It can be registered with either the Family Advocate’s Office or the Court.
- The formalities set out in Regulation 9 to the Children’s Act must be complied with.
- Form 8 to the Regulations must be completed and signed by all the Parties.
- This Form must accompany the Parenting Plan at the time of applying for it to be registered with the Family Advocate’s Office or made into a Court Order.
WHO SHOULD AGREE ON A PARENTING PLAN
Not all holders of parental responsibilities and rights need to agree on a parenting plan and have it registered with a Family Advocate or made an Order of the High Court.
Section 33 of the Act provides for two situations in which a parenting plan comes into play: The Optional Situation and The Mandatory Situation.
- Optional Situation would apply when the parties are not experiencing difficulties in exercising their responsibilities and rights but want to have a formalized structure on paper regulating their respective care and contact responsibilities and rights to the child.
- Mandatory Situation would apply where the parties are experiencing difficulties in exercising their responsibilities and rights. In this case, the Act prescribes them to first try to agree on a parenting plan before going to Court. Should the parties fail to agree on a parenting plan following the prescripts of the Act, the Court may then be approached. Once the parenting plan has been agreed upon by the parties, it can then be registered with a Family Advocate or made an Order of Court. The Court will not blindly make a parental plan an Order of Court but would first need to be convinced that it is in the child’s best interests.
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