Legal instruments to consider in structuring parenting plans

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.