South African courts are guided by the Children’s Act 38 of 2005, which states that a child’s best interests are paramount in every matter concerning the child.
Key issues include:
Parenting Plans
Parents who separate are encouraged — and sometimes required — to develop a parenting plan. This document regulates:
- Where the child primarily resides
- Contact arrangements with the other parent
- Schooling and healthcare decisions
- Religious and cultural upbringing
- Communication between parents
Parenting plans may be drafted through mediation and can be made an order of court.
Parental Responsibilities and Rights
Both parents usually retain full parental responsibilities and rights, including the duty to make joint major decisions regarding:
- Education
- Medical treatment
- Religious upbringing
- Relocation
One parent cannot unilaterally make decisions that significantly affect the child’s life without the other parent’s consent or a court order.
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