What is a Parenting Plan?
A parenting plan is a written agreement between parents (or between a parent and another person who has parental responsibilities) that sets out the arrangements for a child's day-to-day care, where the child will live, how much time the child will spend with each parent, and how important decisions about the child will be made.
In South Africa, parenting plans are governed by the Children's Act 38 of 2005. The Act replaced the old concepts of "custody" and "access" with the more child-centred terms of "care" and "contact." A parenting plan is the legal document that puts these arrangements in writing so that both parents have clear expectations and the child has stability.
Under Section 33 of the Children's Act, parents who hold parental responsibilities and rights but are not living together must agree on a parenting plan. This is not optional. It is a legal requirement.
When is a Parenting Plan Required?
You need a parenting plan in any of the following situations:
- Divorce with minor children: The court will not grant a divorce unless it is satisfied that proper arrangements have been made for the children. A parenting plan is typically submitted alongside the divorce settlement agreement.
- Unmarried parents separating: If both parents have parental responsibilities (either automatically or through agreement/court order), they must have a parenting plan when they stop living together.
- Changes to existing arrangements: When circumstances change significantly (relocation, change of school, new partner), the parenting plan should be updated to reflect the new reality.
- Disputes about contact or care: When parents disagree about arrangements, a formal parenting plan provides a clear framework and can be made a court order for enforcement.
Legal requirement
Section 33(1) of the Children's Act states that parents who exercise parental responsibilities and rights in respect of a child but do not live together must agree on a parenting plan. A parenting plan can be registered with the Family Advocate or made an order of court, which makes it legally enforceable.
What Should a Parenting Plan Include?
A comprehensive parenting plan should address every aspect of the child's life that could become a point of disagreement between parents. Here are the key areas:
Care and Primary Residence
The plan must specify which parent the child will live with on a day-to-day basis. This is known as primary care or primary residence. The other parent has contact rights (formerly called access or visitation).
Contact Schedule
This is often the most detailed part of the plan. It should set out the regular weekly schedule (including weekday overnights and weekends), as well as arrangements for school holidays, public holidays, special occasions like birthdays and Mother's/Father's Day, and festive season holidays like Christmas and Easter.
Child Maintenance
The plan should address financial contributions from each parent, including monthly maintenance payments, school fees, medical expenses (medical aid contributions and out-of-pocket costs), extracurricular activities, and clothing. It is important to specify how much each parent contributes, when payments are due, and how expenses are shared.
Education
Which school will the child attend? Who decides on school changes? How are school fees divided? What about tutoring, extramural activities, and school transport? These decisions should all be addressed in the plan.
Medical and Health Decisions
The plan should specify who makes medical decisions, who carries the medical aid, how out-of-pocket medical expenses are shared, and what happens in an emergency. Both parents should have access to the child's medical records and be informed of any medical treatment.
Religion and Cultural Upbringing
If parents have different religious or cultural backgrounds, the plan should address which religion (if any) the child will be raised in, church attendance, religious instruction, and cultural practices.
Relocation
What happens if one parent wants to move to a different city or province? The plan should include provisions about relocation, including notice periods and what happens if the parents cannot agree. This is one of the most common sources of conflict between separated parents, so addressing it upfront is essential.
Communication Between Parent and Child
The plan should guarantee each parent's right to communicate with the child by phone, video call, or message during the other parent's care time. It should also set reasonable boundaries to avoid disrupting the child's routine.
Dispute Resolution
What happens when parents disagree about something not covered in the plan, or when one parent wants to change the arrangements? A good parenting plan includes a dispute resolution clause, typically requiring mediation before either party can approach the court.
Standard vs Premium Parenting Plan
At Anel Krog Attorneys, we offer two options to suit different family situations:
| Feature | Standard (R600) | Premium (R800) |
|---|---|---|
| Care and primary residence | ||
| Basic contact schedule | ||
| Child maintenance provisions | ||
| Guardianship provisions | ||
| Detailed holiday schedule | ||
| Education provisions | ||
| Medical decision-making | ||
| Religion and cultural provisions | ||
| Relocation clause | ||
| Dispute resolution clause | ||
| Ready for court order |
The Standard plan is suitable for parents with straightforward arrangements who are on good terms and unlikely to disagree on the details. The Premium plan is recommended for parents who want comprehensive protection, especially where there is a history of disagreement or where circumstances are more complex.
Benefits of a Professionally Drafted Parenting Plan
Having an attorney draft your parenting plan offers several important advantages:
- Legal compliance: The plan meets all requirements of the Children's Act 38 of 2005 and is suitable for registration with the Family Advocate or for being made a court order.
- Clarity and enforceability: Vague language leads to disagreements. An attorney drafts clear, specific provisions that both parents understand and that a court can enforce if needed.
- Child-centred approach: The best interests of the child are the legal standard in South Africa. An attorney ensures the plan reflects this standard, which is essential for court approval.
- Future-proofing: A good plan anticipates future scenarios like relocation, new partners, changes in income, and the child growing older. This reduces the need for costly amendments later.
- Peace of mind: Knowing that your arrangements are legally sound and professionally documented reduces anxiety during an already difficult time.
"A child's best interests are of paramount importance in every matter concerning the child." - Section 9 of the Children's Act 38 of 2005
How to Order a Parenting Plan Online
At Anel Krog Attorneys, you can order your parenting plan online in four simple steps:
- Choose your option: Select Standard (R600) for essential provisions or Premium (R800) for comprehensive coverage
- Fill in your details: Provide information about both parents, the children, and the arrangements you have agreed on
- Make payment: Pay securely online through our payment portal
- Receive your plan: Your professionally drafted parenting plan is emailed to you as a PDF, ready for signing and registration
Every parenting plan is drafted by an admitted attorney with experience in family law and children's rights. It is tailored to your family's specific circumstances and compliant with South African law.
Protect Your Children's Future
Order a professionally drafted parenting plan online. Compliant with the Children's Act, ready for court registration.
Frequently Asked Questions
Is a parenting plan legally required in South Africa?
Yes. Under Section 33 of the Children's Act 38 of 2005, parents who hold parental responsibilities and rights but are not living together must have a parenting plan. This includes divorced parents, separated parents, and unmarried parents who share parental responsibilities.
How much does a parenting plan cost?
At Anel Krog Attorneys, a Standard parenting plan costs R600 and covers the essential custody and contact arrangements. A Premium parenting plan costs R800 and includes detailed provisions for holidays, education, medical decisions, religion, relocation, and dispute resolution.
What is the difference between a parenting plan and a custody agreement?
In South Africa, the term "custody" was replaced by "care" and "contact" under the Children's Act 38 of 2005. A parenting plan is the legal document that sets out these care and contact arrangements, along with maintenance, guardianship, and decision-making responsibilities. It is the modern equivalent of what used to be called a custody agreement.
Can a parenting plan be changed after it is signed?
Yes. A parenting plan can be amended if both parents agree to the changes. If the plan was made a court order, the amendment should also be made a court order. If parents cannot agree on changes, either parent can approach the court to vary the existing order in the best interests of the child.
