Specialists in Civil Litigation, Family Law, Corporate and Commercial Law, Estate Planning & Insolvency.
All fathers have the right to visit their children, whether married and separated or unmarried. There are a few differences between married and unmarried fathers. Still, the Children’s Act 38 of 2005 stipulates the differences and, above all, fathers have the right to visitation, keeping in mind the children’s best interests are paramount.
Whether a father is divorced or is an unmarried father, he still has the right to see his children even without custody of the child. An innovative idea will be to engage the parents in planning a parenting plan to facilitate good contact, especially for fathers who are not the primary care parent.
Parenting Plans
Both parents need to be involved with planning visitation rights. Parenting Plans are essential to set out the process of good contact. These plans are especially applicable for a school going child during terms, weekends and holidays, but parents should also apply the procedures to much younger children. When planning visitation, consider the child’s school, social, and extramural activities. Please remember that the child’s best interests are always paramount.
Children are susceptible, especially when their parents are separating. Most children are traumatised by their parent’s separation and often blame themselves. It is thus crucial for parents to stay calm when they take any decision involving their children’s visitations. Please remember to consult your children when planning the visitation; make them part of the decision process because they are. The plan will soften the impact on the children when parents separate.
Drawing up a Parenting Plan
A co-parenting relationship should be sustainable, especially when considering a child’s best interests. Parenting plans will diminish the impact and disruption of separation for children. If possible, children should get the sense of a normal relationship with both their parents.
When drawing up a parenting plan, it is best to engage with a mediator, family psychologist, or attorney. Consider the following areas when drawing up the program. There might, of course, be many more considerations; we only name a few to set an example of what you should add to the plan:
Agreement between all involved is crucial for a consistent, stable and workable plan. On completion of the program, it becomes a legally binding document when the Court makes it an official order. Please remember to involve the children.
