Name and Surname: Mbalenhle Ndlovu

Student Number: ST10092290

Module Code: XBLAW6219
ASSESSMENT TYPE: TASK 2

Your work must be properly referenced Mbali. Use footnotes for

your references
TASK 2:

PARENTING PLAN:

PART A Holders of parental responsibilities and rights:

HOLDER 1:
Full Names: Melinda
Surname: Plaatijies
Date of birth: 27/09/86.
Residential Address: Jean Avenue, Sullivan, Lyttelton Centurion, 0157.
Cell phone number: 0873451234
Relationship to the child: Mother

HOLDER 2:
Full Names: Jerry
Surname: Plaatjies
Date of birth: 11/05/83.
Residential Address: 567 Badernhorst St, Midrand, Centurion, 0157.
Cell phone: 0684569876
Relationship to the child: Father

PART B: Details of a child whom the parenting agreement is being conducted for:

Full Name: Bella

Surname: Plaatjies
Date of birth: 18/11/20.
Residential Address: Jean Avenue, Sullivan, Lyttelton Centurion, 0157.
 1. PARENTAL RESPONSIBILITIES AND RIGHTS
The parties agree as follows:

That it is in the child’s best interest that the parties be co-holders of the parental
responsibilities and rights in respect of the child (Bella) reference to section 18 of the
Children’s Act which set out the following:

2. RESIDENCE:
Bella shall reside with Melinda Plaatjies (Mother) who shall be the primary caregiver at the
address Jean Avenue, Sullivan, Lyttelton Centurion, 0157 set out in the paragraph above.

3. DECISION MAKING
The parties should take the following decisions regarding the child together:
i. Decisions affecting education.
ii. Decisions about the mental and medical care of the child.
iii. Decisions about the religion and spiritual upbringing of the child.
iv. Decisions that involve the residence of the child outside of the country (being South
Africa).
v. Decisions that may affect contact.
vi. Decisions that may affect the everyday care of the child and minor routine issues of
who’s care the child is in at the relevant time.

4. FACILITATOR AND RESOLUTION OF CONFLICT

Appointment of the Facilitator or mediator?
The parties hereby appoint Susan Spangenberg as the facilitator for the dispute at hand and
to conduct their negotiations. The parties are to understand that the mediation process
should assist the parties to reach an agreement collaboratively and informally.
Both parties are to understand that the Mediator has no power to decide the disputed
issues. The parties should also understand that mediation is not a process that may include
independent legal advice. The parties are to secure such advice throughout the mediation
process.
The parties are to understand that the objective of the Mediator is to facilitate the parties to
reach their consensus. They should also understand that the Mediator is to work on behalf of
each party equally.
Procedure to resolve disputes or issues from a facilitator:
Set ground rules that may be used for conflict situations. The facilitator is to make the
distinction that the parties are disagreeing with the ideas and not the parties involved. This
can assist in making things less personal. In the case where the discussion becomes too
emotional, the facilitator should bring the focus back to the issue at hand if it cannot happen
at present the meeting should adjourn. The facilitator is to understand the problem and
understand that conflict arises for several reasons and that people think in different ways
and should understand the real needs of the parties behind the stated needs which are the
issues behind the position. Create a space for the parties involved in the conflict to resolve it
for themselves. Hold a brainstorming session to generate solutions to solve the problem at
hand. This can be encouraged individually or in a group. Prioritise the solutions by
comparing them to the costs and benefits. Schedule another facilitated session to develop a
recommendation. Present the recommendation to the decision-makers to ensure that the
conflict is resolved.

Costs of the facilitator:

R127 per hour.

5. GUARDIANSHIP
The parties have recorded being co-guardians in terms of sections 18(2)(c), 18 (3), 18(4)
and 18(5) of the Children’s Act1.
Therefore, the consent of the parties is required in respect of section 18(3)(c) which is to be
read together with (4) and (5) of the Children’s Act.

6. WRITTEN NOTICE AND CONSENT

a) In the case where one of the parties wishes to relocate within South Africa which
would then affect the contact and care arrangements, both parties would require a
month’s written notice which should then be given by the other parent. The party
relocating should then give the other parent the new address. If one of the parties
wishes to relocate outside South Africa, he/she should require consent from the other
parent.
b) The parties are not required to obtain such consent from the other party when they
wish to go for a short-term holiday within South Africa. They however are to inform
the other parent 14 days before the actual holiday.
c) The parties are to inform the other parents 30 days before the holiday if they wish to
travel outside of the country unless the circumstances require shorter notice due to
an emergency or where the need to travel was not foreseeable. The parent who
wishes to travel outside the country with the child is to obtain written consent and the
necessary documentation.

1
Children’s Act 38 of 2005, section 18(2)(c), (3)(4)(5).
 7. CONTACT
Jerry (father) may have reasonable contact with the children regarding school terms and
school holidays. The parties note that it is in the best interest of the child to have the
following contact arrangements for the welfare of the child.
Contact arrangement may include the following:
a. Midweek and weekends:
Jerry (father) may have unrestricted access with Bella for three days per week should he
request to do so in a timeous and polite manner.
b. Contact with extended family and Caregivers:
When Bella is with her father (Jerry) for unrestricted physical contact, he may not leave her
in the care of a third party except the child’s paternal grandparents unless agreed by Melinda
beforehand.
c. Mother and Father’s Day:
Bella will spend the day with each party on the allocated day for the parent.

8. CONTACT FOR CHANGE OVER AND TIME PROCEDURE

a) The parties agree to minimise the number of times they use the change-over process
and any sort of exchanged times as it can confuse the child.
b) Requests for change-overs and exchange of contact times will be considered
reasonably on the following basis:
c) A request for a change-over or exchange of contact time should be forwarded to the
other party within 48 hours including a reason.
d) The other party is expected to respond within 24 hours.
e) If the party responding cannot come to the exchange, he/she should make a counter
proposal and provide a reason why they cannot agree to the request.
f) In the case where the request is of great importance, the parties will make use of the
facilitator to assist in the resolution of the dispute.

9. TELEPHONIC AND ELECTRONIC CONTACT

The parties may have telephonic and electronic contact with the child during the following
times:
Monday, Wednesday, Friday and Sunday every week in which they communicate for 1 hour.
 10. CHILD CARE ARRANGEMENTS
a) Anything relating to dissemination and communication
b) Both parties are entitled to full information from the child’s teachers, medical
practitioners and mental health practitioners.
c) Both parties are entitled to attend any parent-teacher meetings and all school and
extramural activities the child chooses to engage in.
d) Both parties are entitled to receive reports, calendars and other communications that
may come from the school or educators.
e) In the case where the child contracts any major illness and is absent from school for
a period longer than 3 days due to an illness, the contact party shall inform the other
party.
f) The parties are not to discuss any issues with each other that could end up being
blown up in the presence of the child.
g) No party should do or say anything in the presence of the child that could tarnish how
the child sees the other party.
h) No party should schedule activities for the child during the other parent’s scheduled
time without the other party’s agreement.
i) Both parties are to keep each other updated on changes such as home addresses
and cell phone numbers.

AGREED TO AND SIGNED

MOTHER:
FATHER:
DATED AT:
THIS DAY:
REFERENCE LIST

Legislation

Children’s Act 38 of 2005.