Use the child’s real life as the starting point
Map the current routine: where the child lives, school and transport arrangements, medical needs, extracurricular activities, relationships with caregivers, weekends, holidays and communication. The legal terms should be precise enough to work on an ordinary week and during conflict.
Care, contact and guardianship are different
Modern South African family law distinguishes between forms of parental responsibilities and rights. Daily care, contact with the child and guardianship decisions are not identical. The existing rights and any prior court order or parenting plan should be identified before new terms are drafted.
When does the Family Advocate become relevant?
The Office of the Family Advocate promotes and protects children’s best interests in civil disputes concerning parental responsibilities and rights. It may assist parents through mediation, conduct an enquiry and make recommendations to court. It does not act as one parent’s private lawyer.
What should a parenting arrangement address?
- the child’s primary residence and ordinary weekly routine;
- weekends, holidays, birthdays and special occasions;
- schooling, health care and significant decisions;
- transport and handover arrangements;
- telephone, video and other communication;
- international and domestic travel;
- maintenance and special expenses; and
- a process for resolving future disagreements.
Maintenance should be specific
Child maintenance is separate from the contact arrangement. The agreement should identify ordinary recurring support and how school, medical, extracurricular and other special expenses will be dealt with. See our maintenance attorneys page.
Related family-law routes
For a detailed parenting document, see parenting plans. For disputed living and contact arrangements, see care and contact. For the full litigation sequence, see the divorce process guide.