FORMALITIES OF A PARENTING PLAN

Section 34 of the Children’s Act describes what should happen after a Parenting Plan has been drafted. It is recommended that you seek assistance of a reputable organization or company or legal firm specializing in family law matters to assist you in making your Parenting Plan an order of court. Although you could easily do this yourself, you might be overwhelmed with all the legalities.

This section deals with the formalities of a Parenting Plan that need to be adhered to before it can be registered with the family advocate or made an order of court. It states the following:

‘(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.’