Legal instruments to consider in structuring parenting plans

Abstract

With amendments made to the Children's Act 38 of 2005 that makes provision for parenting plans, legal and mental health professionals now have the responsibility of structuring plans for divorcing families in South Africa. Because parenting plans are a new concept, substantive guidelines are needed to assist professionals in structuring these plans. This paper focuses on section 28 of the Constitution; the United Nations Convention of the Rights of the Child; the African Charter on the Rights and Welfare of the Child; and the Children's Act to provide a legal context for professionals for the structuring of parenting plans.