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.
- By parties consenting to submit to a paternity test; or
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On a balance of probabilities