PARENTING PLANS
A parenting plan is a unique document that is compiled for a specific family and, which represents the best possible solutions to avoid future litigation and to ensure the optimal participation of both parents and their minor child/children. It is developed by means of a mediated process to address the ever-changing needs of the minor child/children involved taking into account the inputs made by the child/children given their age, maturity and stage of development. The parenting plan aims to resolve issues surrounding arrangements for a minor child and meticulously outlines the exercise of the unmarried parents’ co-parental responsibilities and rights.
UNMARRIED PARENTS
An unmarried biological father dos not automatically obtain the same rights and responsibilities that an unmarried biological mother does. In order for an unmarried father to acquire full responsibilities and rights certain requirements have to be met. Unmarried parents are usually unaware of section 21(3) of the Children’s Act which governs disputes between them. This section not only requires but makes it compulsory for unmarried parents to first attempt mediation specific to the issues between them, they may not approach the Court as the first resort for resolution. However, this section does not diminish the High Court’s powers as the upper guardian of all minor children, and therefore either party may, if it is in the best interest of a minor child, approach the Court without having engaged in mediation. Nevertheless, section 21(3) of the Children’s Act compels the unmarried parents to attempt mediation, it follows that from such mediation a parenting plan is usually formulated.
Agreeing to a parenting plan is highly advantageous to unmarried fathers, as such agreements will vest their parental responsibilities and rights in a non-litigious manner, which is in the best interest of a minor child. Where parties have agreed to a parenting plan, they may approach the Court to have such a parenting plan made an Order of Court, which is highly advisable to do for the purpose of the enforcement thereof.
PARENTING PLANS AS PART OF DIVORCE
The Children’s Act offers parenting plans as a method to assist parents with how to exercise their parental responsibilities and rights after separation or divorce. It is essentially a roadmap directing how children will be raised after divorce. During the drafting phase, the mediator will explore all aspects of family life, focusing on what is in the best interests of the child, and, together with the parents, will determine things such as how often and when each parent will see the child, which home will become the primary residence, which religion the child will be brought up in, which schools he/she will attend and where the child will spend holidays. In addition, the plan may specify how parents will communicate with each other and the child, and how new partners will be introduced. Typically, a parenting plan may state that the parents will encourage the child to phone the other parent each day, or that the parents agree not to speak negatively about each other in front of the child. The parties may approach the court to have the parenting plan made an order of court together with the divorce settlement agreement.
