What is the difference between a divorce settlement and a parenting plan?
A parenting plan is specifically focused on the issues concerning the minor children born from or adopted in any relationship. It does not cover issues such as the division of property, debt pension funds or any other matter that does not directly relate to the care, contact and maintenance of the children.
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These other matters should be settled by a lawyer and be made part of the broader divorce settlement and included in the final divorce order.
How do we draw up a parenting plan?
A parenting plan can be drawn up by a social worker, psychologist or a suitably qualified person. Your attorney draws up a plan that is negotiated between the parties, is endorsed by the Family Advocate and made an order of Court.
These sessions can either be done individually or together depending on the circumstances of each family. The role of the social worker is to build the best interest of the child into the parenting plan within the means and circumstances of each parent. Taking a neutral position and mediating decisions where the parents don’t agree on is essential to the success of the process.
The benefits of a parenting plan
A parenting plan provides certainty for parents as to their respective parenting roles and responsibilities.
It provides certainty and emotional stability for a child essentially insofar as their day-to-day routine and financial maintenance requirements is concerned.
It ensures that all relevant issues pertaining to the life requirements of a specific child has been taken into account and adequate provision has been made for such requirements.
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It eliminates potential “strife-areas” for parents, thereby ensuring a greater probability of peace and calm for all concerned, in particular the child.
There are an infinite number of possibilities available when drawing up a parenting plan. Jobs, schools and a variety of other factors must still be taken into account. The bottom line is to find a plan that works for the whole family. Remember that parents can still participate in their children’s lives even when they are living elsewhere or do not have frequent or equal contact with them.
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Parenting plans should minimise loss and maximise relationships for children, and both parents should realise that they are more important to their children than alternative care providers. Ultimately, the role of parents is to cooperate and to provide as many opportunities for their children as possible.
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It is a good idea to include other agreements in the parenting plan as well, such as what you consider to be important aspects of parenting, specific rules such as bedtime, homework or views on punishment. You might also want to include agreements about contact with your respective families.
Therefore both partners are required to sign the parenting plan in order for it to be effective and recognised by the law.
Courtesy: Mpho Mathepe THERON & THERON INC www.divlaw.co.za
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