Children's Act, 2005 (Act No. 38 of 2005)

Chapter 3 : Parental Responsibilities and Rights

Part 3 : Parenting plans

33. Contents of parenting plans

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(1)The co-holders of parental responsibilities and rights in respect of a child may agree on a parenting plan determining the exercise of their respective responsibilities and rights in respect of the child.

 

(2)If the co-holders of parental responsibilities and rights in respect of a child are experiencing difficulties in exercising their responsibilities and rights, those persons, before seeking the intervention of a court, must first seek to agree on a parenting plan determining the exercise of their respective responsibilities and rights in respect of the child.

 

(3)A parenting plan may determine any matter in connection with parental responsibilities and rights, including—
(a)where and with whom the child is to live;
(b)the maintenance of the child;
(c)contact between the child and—
(i)any of the parties; and
(ii)any other person; and
(d)the schooling and religious upbringing of the child.

 

(4)A parenting plan must comply with the best interests of the child standard as set out in section 7.

 

(5)In preparing a parenting plan as Contemplated in subsection (2) the parties must seek—
(a)the assistance of a family advocate, social worker or psychologist; or
(b)mediation through a social worker or other suitably qualified person.