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The final sections of the new Children’s Act, which includes the provision for detailed parenting plans, are expected to come into effect during the coming year. The plan will be a valuable tool in mediating children-focused solutions to many issues related to care and contact that arise from divorce.
The Children’s Act 38 of 2005 became effective in July 2007, but some sections and regulations are still to be promulgated.
The Act encourages mediation in several different contexts, particularly the drafting of parenting plans where couples cannot agree on the terms of care for and contact with children after divorce. The draft regulations provide for a detailed parenting plan governing the care and contact with minor children and how the couple propose to deal with disputes that may arise in the future.
Mediation is required where there is a dispute regarding whether unmarried parents should have joint parental rights and responsibilities.
Mediation is the ideal way to resolve family disputes, whether they are about the rights of unmarried parents, divorce settlements or post-divorce disputes. Children’s views can effectively be taken into account, and effective communication can be established for parents in conflict so that their children do not suffer unnecessarily from their parents' conflict.
The parents meet together with the mediator for discussions that are legally privileged as they relate to settlement negotiations. Between sessions the parties are free to discuss the matter with advisors of their choice.
The new Act also states that the age of majority is 18 and defines in detail the factors which should be taken into account when determining the children’s best interests in any dispute.
Walkers offers comprehensive Family Law Mediation Services, including divorce mediation, post-divorce dispute resolution and dispute resolution in a wider context such as extended family disputes and those relating to wills and trusts.
Family mediators John O’Leary, Kamlesh Ker and Roxanne Ker are accredited members of the Family Mediator’s Association of the Cape (FAMAC). John regularly trains mediators and has been a pioneer in this field since 1994.
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