04-09-2020, 04:33 PM
STEPS TO BE FOLLOWED TO HAVE A PARENTING PLAN REGISTERED BY THE FAMILY ADVOCATE OR FOR IT TO BE MADE AN ORDER OF COURT OR TO BE INCORPORATED INTO A COURT ORDER
Any application for a Parenting Plan to be registered by the Family Advocate or for it to be made an order of court or to be incorporated into a Court Order, must be in writing and must be in the prescribed format (s 34(2) and 34(3) of the Act, reg 9 to 11 of the Regulations published under the Act in GN R261 GG33076/1-4-2010 (the Regulations).
Form 8, 9 and 10
The Parenting Plan must be accompanied by a Form 8 or a form identical to Form 8 must be utilised. Form 8 consists of Part A, B, C and D.
Part A of Form 8 deals with the particulars of the holders of parental responsibilities and rights to whom the Parenting Plan applied and will require the following information –
surname;
full names;
identity number, date of birth, passport number;
residential address;
home telephone number;
cellular telephone number;
e-mail address;
work address;
work telephone number; and
relationship to the child/children.
If more than two holders of parental responsibilities and rights enter into a Parenting Plan the details of such holders of parental responsibilities and rights can be furnished on a separate page and attached to Form 8 as an annexure.
Part B of Form 8 provides for the details of the child/children in respect of whom the Parenting Plan applies and will require the following information:
the surname of the child;
full names of the child;
identity number, date of birth, passport number;
residential address; and
contact number.
If more than three children are involved in a Parenting Plan the details of the additional children in respect of whom the Parenting Plan applies can be furnished on a separate page and attached to Form 8 as an annexure.
Part C of Form 8 consists of a notification to the Family Advocate, the Clerk of the Court or the Registrar of the High Court and provides space to include the place where the Parenting Plan is to be registered or made an Order of Court and the date. This notification must be completed and signed by all the holders of parental responsibilities and rights whom requires the parenting to be registered at the Office of the Family Advocate or to be made an Order of Court.
Part D of Form 8 provides for a notification to the Office of the Family Advocate, Clerk of the Court or the Registrar of the High Court where a Parenting Plan has been prepared with the assistance of a Family Advocate, social worker or psychologist, or after mediation by a social worker or other suitably qualified person. In such matter a Form 9 or Form 10 must be attached to the Parenting Plan (s 33(2) and 33(5) of the Act).
This part will find application in instances where co-holders of parental responsibilities and rights have experienced difficulties in exercising their responsibilities and rights. Where assisted by a Family Advocate, social worker or psychologist referred to in s 33(5)(b) of the Act, the co-holders of parental responsibilities and rights must complete in writing a Form 9 or a form identical to Form 9 (s 33(2) of the Act; reg 10(1) of the Regulations).
We suggest that practitioners / organizations complete all the parts of Form 8 to avoid delays when submitting a Parenting Plan.
Form 9
Form 9 not only provides for a statement from the Family Advocate, social worker or psychologist who assisted the co-holders of parental responsibilities and rights to compile the parenting but also now introduces the voice of the child (ss 6(5) and 10 of the Act; reg 10 of the Regulations).
Form 9 provides for the Family Advocate, social worker or psychologist to confirm that the information regarding the contents of the Parenting Plan was furnished to the child/children and that the child/children have been given an opportunity to express their views and that their views have been given due consideration bearing in mind the age, maturity and stage of development of the child/children.
Form 9 will be utilised for example in matters where the Family Advocate, social worker or psychologist were approached by the co-holders of parental responsibilities and rights where the parties only disagreed on certain aspects of the Parenting Plan and needed assistance to finalise the Parenting Plan or to engage with the child/children to determine the voice of the child/children. Form 9 will also be utilised when dual mediation took place in a matter.
(We suggest that in the parents wishing to submit / file the Parenting Plans themselves, that they compile an affidavit that the contents of the Parenting Plan was furnished to the child/children and that the child/children have been given an opportunity to express their views and that their views have been given due consideration bearing in mind the age, maturity and stage of development of the child/children.)
Form 10
Form 10 provides for a statement by a social worker or other suitably qualified person that a Parenting Plan was prepared after mediation. One could safely assume that this statement could also be made by a Family Advocate and psychologist who were pivotal in the mediation process between the parties, which culminated in the finalisation of a Parenting Plan.
Form 10 also provides for a statement by the social worker or suitably qualified person to confirm that the information regarding the contents of the Parenting Plan were furnished to the child/children, and that the child/children have been given an opportunity to express their views, and that these views were given due consideration bearing in mind the child/children’s age, maturity and stage of development.
(We suggest that in the parents wishing to submit / file the Parenting Plans themselves, that they compile an affidavit that the contents of the Parenting Plan was furnished to the child/children and that the child/children have been given an opportunity to express their views and that their views have been given due consideration bearing in mind the age, maturity and stage of development of the child/children.)
Any application for a Parenting Plan to be registered by the Family Advocate or for it to be made an order of court or to be incorporated into a Court Order, must be in writing and must be in the prescribed format (s 34(2) and 34(3) of the Act, reg 9 to 11 of the Regulations published under the Act in GN R261 GG33076/1-4-2010 (the Regulations).
Form 8, 9 and 10
The Parenting Plan must be accompanied by a Form 8 or a form identical to Form 8 must be utilised. Form 8 consists of Part A, B, C and D.
Part A of Form 8 deals with the particulars of the holders of parental responsibilities and rights to whom the Parenting Plan applied and will require the following information –
surname;
full names;
identity number, date of birth, passport number;
residential address;
home telephone number;
cellular telephone number;
e-mail address;
work address;
work telephone number; and
relationship to the child/children.
If more than two holders of parental responsibilities and rights enter into a Parenting Plan the details of such holders of parental responsibilities and rights can be furnished on a separate page and attached to Form 8 as an annexure.
Part B of Form 8 provides for the details of the child/children in respect of whom the Parenting Plan applies and will require the following information:
the surname of the child;
full names of the child;
identity number, date of birth, passport number;
residential address; and
contact number.
If more than three children are involved in a Parenting Plan the details of the additional children in respect of whom the Parenting Plan applies can be furnished on a separate page and attached to Form 8 as an annexure.
Part C of Form 8 consists of a notification to the Family Advocate, the Clerk of the Court or the Registrar of the High Court and provides space to include the place where the Parenting Plan is to be registered or made an Order of Court and the date. This notification must be completed and signed by all the holders of parental responsibilities and rights whom requires the parenting to be registered at the Office of the Family Advocate or to be made an Order of Court.
Part D of Form 8 provides for a notification to the Office of the Family Advocate, Clerk of the Court or the Registrar of the High Court where a Parenting Plan has been prepared with the assistance of a Family Advocate, social worker or psychologist, or after mediation by a social worker or other suitably qualified person. In such matter a Form 9 or Form 10 must be attached to the Parenting Plan (s 33(2) and 33(5) of the Act).
This part will find application in instances where co-holders of parental responsibilities and rights have experienced difficulties in exercising their responsibilities and rights. Where assisted by a Family Advocate, social worker or psychologist referred to in s 33(5)(b) of the Act, the co-holders of parental responsibilities and rights must complete in writing a Form 9 or a form identical to Form 9 (s 33(2) of the Act; reg 10(1) of the Regulations).
We suggest that practitioners / organizations complete all the parts of Form 8 to avoid delays when submitting a Parenting Plan.
Form 9
Form 9 not only provides for a statement from the Family Advocate, social worker or psychologist who assisted the co-holders of parental responsibilities and rights to compile the parenting but also now introduces the voice of the child (ss 6(5) and 10 of the Act; reg 10 of the Regulations).
Form 9 provides for the Family Advocate, social worker or psychologist to confirm that the information regarding the contents of the Parenting Plan was furnished to the child/children and that the child/children have been given an opportunity to express their views and that their views have been given due consideration bearing in mind the age, maturity and stage of development of the child/children.
Form 9 will be utilised for example in matters where the Family Advocate, social worker or psychologist were approached by the co-holders of parental responsibilities and rights where the parties only disagreed on certain aspects of the Parenting Plan and needed assistance to finalise the Parenting Plan or to engage with the child/children to determine the voice of the child/children. Form 9 will also be utilised when dual mediation took place in a matter.
(We suggest that in the parents wishing to submit / file the Parenting Plans themselves, that they compile an affidavit that the contents of the Parenting Plan was furnished to the child/children and that the child/children have been given an opportunity to express their views and that their views have been given due consideration bearing in mind the age, maturity and stage of development of the child/children.)
Form 10
Form 10 provides for a statement by a social worker or other suitably qualified person that a Parenting Plan was prepared after mediation. One could safely assume that this statement could also be made by a Family Advocate and psychologist who were pivotal in the mediation process between the parties, which culminated in the finalisation of a Parenting Plan.
Form 10 also provides for a statement by the social worker or suitably qualified person to confirm that the information regarding the contents of the Parenting Plan were furnished to the child/children, and that the child/children have been given an opportunity to express their views, and that these views were given due consideration bearing in mind the child/children’s age, maturity and stage of development.
(We suggest that in the parents wishing to submit / file the Parenting Plans themselves, that they compile an affidavit that the contents of the Parenting Plan was furnished to the child/children and that the child/children have been given an opportunity to express their views and that their views have been given due consideration bearing in mind the age, maturity and stage of development of the child/children.)
