Divorce is never easy, especially when children are involved. Ensuring that both parents remain actively involved in their child’s life while maintaining stability is a key concern after separation. A parenting plan serves as a legally recognized agreement that outlines how parents will share responsibilities, make decisions, and structure visitation after divorce. However, challenges arise when one parent wishes to relocate, either to another city or country, potentially disrupting the existing arrangement.

Relocation disputes can lead to legal battles, as South African law requires both parents’ consent—or a court order—before a parent can move a child to a new location. Courts carefully weigh the child’s best interests, ensuring that relocation does not unfairly sever the bond between parent and child.

This article explores the role of parenting plans, their legal standing in family court, and how South African law addresses relocation disputes after divorce.

What Is a Parenting Plan?

A parenting plan is a legally binding agreement that outlines how parents will share responsibilities and make decisions about their child’s care after divorce. It aims to ensure that both parents remain actively involved in their child’s life while minimizing conflicts.

A well-structured parenting plan in South Africa must comply with the Children’s Act 38 of 2005, which emphasizes the child’s best interests in all parenting arrangements.

Key Elements of a Parenting Plan

A parenting plan agreement typically covers:

Parents can draft their parenting plan privately or with the help of divorce attorneys in Johannesburg. If they cannot agree, the family court may intervene to ensure the child’s best interests are protected.

• Custody and Residency– Determining where the child will live and how custody will be shared.
• Visitation Rights – Establishing how much time the non-custodial parent will spend with the child.
• Decision-Making Responsibilities – Clarifying how parents will make decisions about the child’s education, healthcare, and religious upbringing.
• Financial Support – Addressing maintenance obligations and contributions toward school fees, medical expenses, and other needs.
• Holiday and Special Occasion Arrangements – Allocating time for each parent during school holidays and birthdays.
• Dispute Resolution Mechanisms– Defining how disagreements will be resolved without unnecessary legal battles.

The Legal Status of a Parenting Plan in Family Court

A parenting plan can either be:

• A private agreement between parents, or
• A court-approved document, which becomes legally enforceable.

To ensure a divorce parenting plan holds legal weight, parents should submit it to the family court for approval. This prevents future disputes and ensures compliance.

Can a Parenting Plan Be Changed?

Yes. If circumstances change—such as relocation, remarriage, or a shift in a parent’s financial situation—the parenting plan can be modified. However, any changes must still prioritize the child’s best interests.

Relocation Disputes in Divorce Cases

Relocation disputes arise when one parent wants to move with the child to another city, province, or country. This can disrupt the parenting plan agreement, affecting visitation rights and joint decision-making responsibilities.

In South Africa, relocation is a major legal issue because it impacts the child’s relationship with both parents. Courts consider several factors before granting or denying relocation requests.

Can One Parent Relocate with a Child After Divorce?

A parent cannot unilaterally relocate with the child without:

• The consent of the other parent, or
• A court order permitting relocation.

If one parent objects, the relocating parent must apply to the family court for permission.

How Courts Decide on Relocation Cases

The Children’s Act requires courts to make custody and relocation decisions based on what is best for the child, not the parents. Factors considered include:

• The impact on the child’s relationship with the non-relocating parent.
• The child’s emotional and educational stability.
• The reason for relocation (e.g., job opportunities, safety, remarriage).
• Whether the move is in good faith or intended to alienate the other parent.
• The feasibility of maintaining meaningful contact with the other parent.

Parental Responsibilities and Rights

If relocation would significantly reduce the non-custodial parent’s involvement, the court may be reluctant to approve the move. Courts prefer co-parenting arrangements that allow both parents to remain active in the child’s life.

Steps to Handle Relocation Disputes

1. Attempt Mediation

Before going to court, parents should attempt mediation to reach an agreement on relocation terms. Mediation can help parents modify the parenting plan to accommodate new living arrangements.

2. Apply to the Family Court

If mediation fails, the parent seeking relocation must file an application with the family court, explaining why the move is necessary.

3. Provide Evidence Supporting Relocation

The parent requesting relocation should provide:

• Job offers or financial stability evidence in the new location.
• Schooling and healthcare plans for the child.
• A revised parenting plan detailing how the child will maintain contact with the other parent.

4. The Non-Relocating Parent’s Right to Oppose

The opposing parent has the right to contest the relocation by arguing:

• The move will harm the child emotionally or developmentally.
• The relocating parent is trying to limit access to the child.
• The move is unnecessary and disruptive.

5. Court Decision and Final Orders

The family court will either:

• Approve the relocation and modify the parenting plan accordingly, or
• Deny the application, requiring the child to remain in their current location.

Once a ruling is made, both parents must comply with the court’s decision.

Consequences of Relocating Without Consent

A parent who relocates with a child without consent or a court order may face legal consequences, including:

• Being held in contempt of court.
• Losing custody rights.
• Facing criminal charges for child abduction.

Parents must follow legal procedures to avoid jeopardizing their custody arrangements.

How Our Divorce Attorneys in Johannesburg Can Help

Navigating parenting plans and relocation disputes requires expert legal assistance. Divorce lawyers can help by:

• Drafting and modifying parenting plans to reflect changing circumstances.
• Representing parents in family court relocation cases.
• Providing mediation services to avoid lengthy legal battles.
• Ensuring compliance with court-ordered custody arrangements.

At Van Deventer and Van Deventer Inc., we specialize in:

• Divorce procedures and custody disputes.
• Parenting plans and co-parenting agreements.
• Relocation applications and objections.

Van Deventer and Van Deventer Inc. - Divorce Attorneys Johannesburg

Parenting plans play a crucial role in ensuring stable co-parenting after divorce. However, when one parent wishes to relocate with the child, legal disputes can arise. Courts carefully evaluate relocation requests, considering the child’s best interests and the impact on both parents.

If you are facing parenting plan disputes or relocation challenges, seeking professional legal advice can help protect your parental rights. At Van Deventer and Van Deventer Inc., our experienced divorce lawyers can assist in drafting parenting plans, resolving relocation disputes, and representing you in court.

For legal support in divorce, custody arrangements, and relocation cases, contact Van Deventer and Van Deventer Inc.