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Question
Posted by: Wondering | 2010/05/07

Parenting plan validity

Does a parenting plan signed by both parents have any value if not endorsed by OFA or Family Court or High Court? Even if plan was signed in presence of both respective parents attorneys?

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Our expert says:
Expert ImageFamily law expert

Section 34 of the Children Act states: Formalities

(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.

Bertus Preller
www.divorceattorney.co.za
bertus@divorceattorney.co.za

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2
Our users say:
Posted by: G-Dad | 2010/05/10

Once the parenting plan has been signed then it is best to register it at the office of the family advocate or get the family court to make it an order, but I think registering it with the FA should be enough.

Reply to G-Dad
Posted by: family law expert | 2010/05/10

Section 34 of the Children Act states: Formalities

(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.

Bertus Preller
www.divorceattorney.co.za
bertus@divorceattorney.co.za

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