Abstract
The objective of this article is to provide the legal context of parenting plans in South Africa. The Children‟s Act 38 of 2005 (hereafter Children‟s Act) makes explicit provision for parenting plans. It is therefore important to analyse the relevant provisions in terms of the Constitution of the Republic of South Africa (1996) (hereafter Constitution) and the Children‟s Act, read together with international and regional children‟s rights instruments pertaining to parental rights and responsibilities to establish their nature and content of these plans as well as their necessity. Section 33(3) of the Children‟s Act states that 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.
Highlights
The objective of this article is to provide the legal context of parenting plans in South Africa
Substantive guidelines that are comprehensive and clear on the basic structure and general content of these plans are needed for professionals, as the researchers are of the opinion that professionals are often not well grounded in the legal requirements of facilitating, formulating and adopting or implementing a parenting plan
These legal instruments should be used as a guideline to ensure that the professional facilitates intervention and drafts plans within the relevant legal framework
Summary
Substantive guidelines that are comprehensive and clear on the basic structure and general content of these plans are needed for professionals, as the researchers are of the opinion that professionals are often not well grounded in the legal requirements of facilitating, formulating and adopting or implementing a parenting plan. Through a critical analysis of these legal instruments, the researchers anticipate obtaining insight into, and an understanding of, legal instruments and the way that they prioritise the child, and the way that a child-centred approach should influence the contents of parenting plans This will make clear what is required by these documents for the purposes of formulating a parental plan
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