Parental Rights & Responsibilities
including Guardianship, Care & Contact

The Children’s Act 38 of 2005 refers to parents responsibilities & rights, which include the responsibility to care for & right to contact with minor child(ren). When holders of parental rights & responsibilities are in dispute as to how each of their rights & responsibilities in respect of minor child(ren) are to be exercised, parties have to attempt to reach an agreement, before approaching a Court for assistance.

We can assist parties in trying to come to an agreement & focus on what is in the best interests of the child(ren).

Parenting Plans

A parenting plan is a written agreement between co-holders of parental rights & responsibilities. A parenting plan sets out how each parent will exercise their parental responsibilities & rights of care, contact, guardianship & maintenance in respect of a child, after separation or divorce.

A parenting plan can be registered with the Family Advocate’s Office or made an order of Court.

If you need a parenting plan, let us advise and draft a parenting plan in the correct format in compliance with the Children’s Act.

Paternity Disputes

Paternity in maintenance matters are important, as claims for maintenance are based on first establishing paternity.

Paternity can be determined/proved:
  • By parties consenting to submit to a paternity test; or
  • On a balance of probabilities