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Question
Posted by: Help | 2011/03/15

Parenting plan not order of court

A parenting plan was drafted, but never made an order of the court because it does not comply with minimum requirements as per Childrens Act. In order to be made order of court it needs to be amended.

Ex is refusing to accept amended plan, refusing to go for mediation, and says I have no right to make changes to the plan for it to be an order of the court. She says the plan is fine as it is and is in the best interests of our child, however I say how can it be in best interests of child if it does not comply with Act, and cannot be made order. For me it means there must then be shortcomings in the plan therefore it cannot be in best interests of child, therefore must be amended.

If she refuses mediation, is my only option to approach court with the amended plan with an application to have it made an order?

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Our expert says:
Expert ImageFamily law expert

Yes, if mediation failed you may approach the court to have it made an order of court. Your ex may oppose same, but ultimately the court will make an order that is in the best interests of your children. I suggest that you see an attorney.

Bertus Preller
B.Proc; AD Dip L Law
Family Law Attorney
Abrahams and Gross Inc.
A:1st Floor, 56 Shortmarket Street, Cape Town
O: +27 (0) 21 422 1323
F: 086 572 8373
E: bertus@divorceattorney.co.za; W: www.divorceattorney.co.za; Twitter: www.twitter.com/edivorce; Facebook: www.facebook.com/divorceattorneys

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Our users say:
Posted by: family law expert | 2011/03/23

Yes, if mediation failed you may approach the court to have it made an order of court. Your ex may oppose same, but ultimately the court will make an order that is in the best interests of your children. I suggest that you see an attorney.

Bertus Preller
B.Proc; AD Dip L Law
Family Law Attorney
Abrahams and Gross Inc.
A:1st Floor, 56 Shortmarket Street, Cape Town
O: +27 (0) 21 422 1323
F: 086 572 8373
E: bertus@divorceattorney.co.za; W: www.divorceattorney.co.za; Twitter: www.twitter.com/edivorce; Facebook: www.facebook.com/divorceattorneys

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