Children's Act, 2005 (Act No. 38 of 2005)Chapter 3 : Parental Responsibilities and RightsPart 3 : Parenting plans34. Formalities |
| (1) | A parenting plan— |
| (a) | must be in writing and signed by the parties to the agreement; and |
| (b) | subject to subsection (2), may be registered with a family advocate or made an order of court. |
| (2) | An application by co-holders contemplated in section 33(1) for the registration of the parenting plan or for it to be made an order of court must— |
| (a) | be in the prescribed format and contain the prescribed particulars; and |
| (b) | be accompanied by a copy of the plan. |
| (3) | An application by co-holders contemplated in section 33(2) for the registration of a parenting plan or for it to be made an order of court must— |
| (a) | be in the prescribed format and contain the prescribed particulars; and |
| (b) | be accompanied by— |
| (i) | a copy of the plan; and |
| (ii) | a statement by— |
| (aa) | a family advocate, social worker or psychologist contemplated in section 33(5)(a) to the effect that the plan was prepared after consultation with such family advocate, social worker or psychologist; or |
| (bb) | a social worker or other appropriate person contemplated in section 33(5)(b) to the effect that the plan was prepared after mediation by such social worker or such person. |
| (4) | A parenting plan registered with a family advocate may be amended or terminated by the family advocate on application by the co-holders of parental responsibilities and rights who are parties to the plan. |
| (5) | A parenting plan that was made an order of court may be amended or terminated only by an order of court on application— |
| (a) | by the co-holders of parental responsibilities and rights who are parties to the plan; |
| (b) | by the child, acting with leave of the court; or |
| (c) | in the child’s interest, by any other person acting with leave of the court. |
| (6) | Section 29 applies to an application in terms of subsection (2). |