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

Chapter 3 : Parental Responsibilities and Rights

Part 3 : Parenting plans

33. Contents of parenting plans

 

(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.

 

 


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