Parenting Plans as Legal Instruments

Parenting Plans as Legal Instruments

Drafting, Formalisation, Enforcement and Variation

Parenting plans are frequently prepared through mediation, negotiation or other structured family dispute-resolution processes. Although they may arise from agreement between parties, they are legally significant instruments that regulate the exercise of parental responsibilities and rights in respect of a child.

Depending on their legal status, parenting plans may affect the implementation of care, contact, residence, decision-making and related provisions. They may also influence later disputes concerning enforcement, amendment, termination or variation.

This training provides a practical legal framework for mediators, associated ADR practitioners, mental health professionals and family law practitioners who assist parties with parenting plans, care and contact disputes, and matters concerning the exercise of parental responsibilities and rights.

The session will examine parenting plans within the framework of the Children’s Act 38 of 2005, with attention to parental responsibilities and rights, the best interests of the child standard, child participation, formalisation, Parenting Coordination, enforcement risk and variation.

The training is designed to assist participants in approaching parenting plans with greater legal clarity, improved drafting awareness, and a better understanding of how these instruments operate once they are signed, registered with the Family Advocate, or made an order of court.

Event Details

Date: 24 June 2026
Time: 17:00 – 20:00
Platform: MS Teams
Duration: 3 hours
Fee: R850 per person
CPD: Accredited for 3 SAAM CPD’s

Who Should Attend

This training is suitable for:

• Mediators and associated ADR practitioners
• Parenting Coordinators
• Psychologists
• Social Workers
• Family counsellors
• Attorneys
• Candidate legal practitioners
• Advocates
• Other professionals involved in the preparation or implementation of parenting plans, care and contact disputes, or child-related family dispute-resolution processes

What Will Be Covered

The training will provide a structured overview of the following topics:

1. Why parenting plans should be treated as legal instruments
2. The Children’s Act framework, parental responsibilities and rights, and the best interests of the child standard
3. Section 22 agreements versus Section 33 parenting plans
4. Child participation and decision-making under the Children’s Act
5. Drafting effective parenting plans: structure, precision and practicality
6. Formalisation: registration, orders of court and legal effect
7. Parenting Plans and Parenting Coordination
8. Enforcement, variation and litigation risk
9. Common pitfalls and lessons from practice

Key Outcomes

By the end of the training, participants should be better equipped to:

• Understand the legal nature and function of parenting plans within the framework of the Children’s Act.
• Distinguish between section 22 agreements, section 33(1) parenting plans and section 33(2) parenting plans.
• Recognise the difference between creating or allocating parental responsibilities and rights and regulating the exercise of existing parental responsibilities and rights.
• Identify the core legal and practical components of a legally coherent and practically implementable parenting plan.
• Develop the knowledge required to contribute to the preparation of and evaluate parenting-plan provisions with greater legal awareness.
• Understand the legal effect of registration with the Family Advocate and orders of court.
• Appreciate the role of child participation and the best interests of the child standard in the development, interpretation, formalisation, enforcement and variation of parenting plans.
• Understand how parenting plans intersect with Parenting Coordination, including the distinction between implementation and variation.

Participant Materials

Participants will receive:

• Course manual
• Relevant legislation
• Relevant regulations
• Relevant case law

Presenter

Mervyn Vermeulen is an attorney of the High Court of South Africa, a solicitor of Scotland, a SAAM accredited mediator and a Fellow of the International Academy of Family Lawyers.

He is a Director of Vermeulen Attorneys, Malan Vermeulen Incorporated and ThinkLegal, and regularly presents training on South African family law, child law, mediation and family dispute resolution.

For enquiries, contact:
[email protected]