PARENTING PLAN AGREEMENT
[As stated by Section 33 and 34 of Act 38 of 2005 and registered in
Terms of Regulation of the abovementioned Act]
We the undersigned,
and
are the parents of:
1. Name of Child:
Age:
2. Name of Child:
Age:
(Hereinafter referred to as the children)
1. Since we believe in the importance of raising our children, we agree to share full parental rights and responsibilities of the said children.
2. Cooperative parenting establishes a framework wherein, mutually or with a mediator, we agree to establish two homes for the children, arrange for the day-to-day care of the children and consult one another concerning the needs of the children. This framework does not require that any set method of parenting be used but only that it be established in a cooperative manner.
3. Both of us understand that cooperative parenting requires the acceptance of mutual responsibilities as well as mutual rights insofar as the children are concerned and may require that we put their needs ahead of our own. We set forth the following agreement as to the times and places the children will reside, what our responsibilities are and other relevant factors.
4. We are aware that this is a temporary Parenting Plan to be reviewed in three (3) months and is subject to be considered and approved by the Family Advocate and to be made an Order of Court.
5. We shall decide all issues, such as the time the children shall spend with us, schooling, medical care, etc., between us, using the general intent of this agreement.
6. Major decisions pertaining to education, health, vacation and school break activities and welfare of the children, shall be decided by both of us after adequate consultation has occurred between us about the developmental stages of the children, the welfare of the children, the best interests of the children , and, so far as possible, the desires of the children.
7. Both of us agree to foster love and respect, even in trying times, between the children and the other parent. Neither of us shall do anything, which may estrange the said children from the other parent or hamper the natural and continuing relationships between the children and either parent.
PARENTING SCHEDULE
8.1 ______________________________is to provide the primary residence of the minor children.
8.2 _________________________________ shall pick up ( children’s names) from crèche( name of crèche and address) every
week day and return him/her/them to ____________________________ the same day by no later than
______________________.
8.3 Each week, ______________________________, shall have (name of child/ren), for an over for a (day of the week) visit and
_________________________ shall ensure that ( name of child) is returned to creche’ the following morning.
8.4 _____________________________ shall have contact with ( name of child) every alternate (day of the week) from
_____________________ to ______________________ . HOLIDAYS Christmas Vacation
9. The vacation will be divided in half, to include the use of a half-day if necessary. The shift between households will occur at 12 noon on the appropriate day.
10. Christmas day shall be handled as follows: Christmas morning shall be sent with _________________________ and Christmas evenings are to be spent with _________________________________ .
11. If away from home on vacations, both parents are obligated to inform the other parent as to the destination, travel route and flight information (if appropriate) at least 10 days prior to the departure. As far as possible consent is to be reasonably exercised and such consent to be given in writing by one parent to the other. HOLIDAYS
12. Mother’s Day Regardless of their normal visitation schedule, the children will spend Mother’s Day from 9 AM to 8 PM with __________________________ .
13. Father’s Day Regardless of their normal visitation schedule, the children shall spend Father’s Day from 9 AM to 8 PM with___________________________________.
14. Easter Sunday Easter Sunday will be alternated each year, with _________________________ observing it with the children on odd-numbered years, ___________________________ on even-numbered years. It will begin at 6 PM Saturday night and end at 6 PM Sunday night.
15. Father and Mothers Birthday Parent’s birthdays will always transcend the regular visitation schedule. Observation will begin immediately after school on school days and end at 8 PM. BIRTHDAYS
16. Both parents shall attend the birthdays of their respective children as far as is reasonably possible as same is in the best interests of the children. PARENTAL CONTRIBUTIONS
17. We will both contribute a share of our resources (money, time, energy, effort, etc.) to the children for their material and psychological well-being. Each of us will provide the necessary food, clothing, medical and dental care, shelter, recreation, etc., as would be usual and reasonable for a person in his or her economic circumstances. COMMUNICATION AND CONFLICT RESOLUTION
18. Should any disputes arise between us or the children in the areas of education, health care, childcare, religious training, operation of a motor vehicle, extra-curricular activities, vacations, or other significant issues, we agree that it is in the best interests of the children and ourselves to resolve any disputes. All such decisions must be made jointly or arbitrated. They may not be made unilaterally by either parent. Should either of us wish to modify this agreement, we agree to:
18.1 Meet and confer with one another, each to present to the other a proposed solution to the dispute. If there is no resolution at this step, we will then:
18.2 Meet and confer with an expert in the field related to the dispute, e.g., doctor, teacher, counsellor, etc. If there is no resolution at this step, we will then: Meet and confer with a mediator/counsellor who has had experience in dispute resolution. All concerned shall use their best efforts to resolve the issues. Should there be no resolution at this step, we will then:
18.3 Submit the matter to a Family Advocate for mediation/arbitration prior to returning to court. If there is no resolution at this step, we will then:
18.4 Only in the event that we still cannot agree will we submit the matter to a Court of competent jurisdiction. We understand that this is an extraordinary step and will be resorted to only when there is no other way to resolve the problem.
19. This section shall apply to all parts of this agreement.
20. Until there is resolution of any dispute that may arise concerning this agreement, the operative terms of this agreement shall remain in full force and effect. MISCELLANEOUS
21. Transportation The basic principal is that the parent having the child is responsible to deliver the child either to the other parent who is supposed to have the child, or to the event or activity the child is expected to attend.
22. Emergencies Each parent is required to notify the other parent within 1 hour of any medical emergency. The parent present is authorized to sign legal consents for both parents to permit emergency intervention.
23. Information Each parent is required to set up his/her own information network for information about school and routine medical appointments. Each is required to tell professionals that they have equal rights to access all information. On any emergency information sheet, each parent will list the other as the first person to contact if he or she is not reachable.
24. Visitation Rights Visitation rights shall be reconsidered when the protection orders are removed.
25. Re Evaluation of the Parenting Plan We agree to review this parenting plan:- – As our children’s needs and/or circumstances change; – As our needs as parent’s and/or circumstances change; We agree to do this together, or together with a mediator.
26. Changes To Parenting Plan Changes to the parenting plan will be made only when we both agree. If any disagreements arise over changes to the parenting plan, then a co-operative process like mediation will be used to resolve them.
27. No Variations
27.1 This agreement contains all the terms and conditions of the Agreement between the parties.
27.2 No variation or abandonment or waiver of the rights or obligations of this agreement and annexures shall be binding, on the parties unless contained in this agreement and annexures or subsequently rendered in writing and signed by the parties.
27.3 Save as is provided in this agreement and annexures, neither party shall have any further claims against the other and hereby waives and abandons all and any such claims.
We acknowledge that we need to implement the parenting plan in both practice and spirit for the well-being of our children and ourselves.
We agree that if we wish, sections of this parenting plan to be made legally enforceable we will each consult an attorney for advise.
We agree to sign this parenting plan as a record of our intentions jointly as parents of our children to ensure their best interests in all aspects related to their care, welfare and development.
We have each carefully considered the provisions, contained in the parenting plan and exercise our informed choice by signing it.
DATED AT ______________________ ON THE________DAY
OF_______________________2014.
FATHER:_______________________________ MOTHER: ___________________________
WITNESSES
1.__________________________
2.__________________________