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Parenting Plan Template — South Africa (Children's Act s.33)
A Parenting Plan is the written agreement by which separated or divorced parents record exactly how they will share care, contact and decision-making for their children. Section 33 of the Children's Act 38 of 2005 makes it the standard SA framework — registrable with the Office of the Family Advocate or made an order of court. Our free template generates a comprehensive Parenting Plan covering primary residence, holiday schedule, religion, international travel, dispute resolution and Family Advocate registration.
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PARENTING PLAN
Section 33 Of The Children's Act 38 Of 2005 · Thandi Nkosi And Sipho Mthembu
PARENT 1
Thandi Nkosi
22 Fredman Drive, Sandton 2196
SA ID 8003150000087
Tel +27 82 111 2222
Email thandi@email.com
SA ID 8003150000087
Tel +27 82 111 2222
Email thandi@email.com
PARENT 2
Sipho Mthembu
47 Berea Road, Durban 4001
SA ID 7807205009088
Tel +27 83 333 4444
Email sipho@email.com
SA ID 7807205009088
Tel +27 83 333 4444
Email sipho@email.com
2 children
Family Advocate registration
This Parenting Plan is entered into between Thandi Nkosi (the "biological mother") and Sipho Mthembu (the "biological father") (together the "Parents") in respect of the minor children listed below, in terms of section 33 of the Children's Act 38 of 2005. Both Parents retain full parental responsibilities and rights (care, contact and guardianship) under sections 18, 19 and 20 of the Children's Act, jointly exercised as set out in this Plan. The Plan is informed by the 12 best-interest factors in section 7 of the Act and is intended to provide the children with stability, predictability and the meaningful involvement of both Parents.
1.
THE CHILDREN
This Parenting Plan covers the following minor children:
Child 1: Lerato Mthembu, born 14 June 2018
Child 2: Bongani Mthembu, born 22 September 2021
Child 1: Lerato Mthembu, born 14 June 2018
Child 2: Bongani Mthembu, born 22 September 2021
2.
PRIMARY RESIDENCE AND CONTACT
The children shall reside primarily with Parent 1.
Regular contact:
Parent 2 (Father) enjoys contact with the children every alternate weekend from Friday afternoon (school collection) to Sunday at 18:00 (return to Parent 1's home). Additionally, mid-week supper contact every Wednesday from 17:00 to 19:30. School holidays divided equally as set out in this Plan.
Regular contact:
Parent 2 (Father) enjoys contact with the children every alternate weekend from Friday afternoon (school collection) to Sunday at 18:00 (return to Parent 1's home). Additionally, mid-week supper contact every Wednesday from 17:00 to 19:30. School holidays divided equally as set out in this Plan.
3.
DECISIONS, SCHOOLING AND HEALTHCARE
Major decisions framework:
Both Parents shall jointly make MAJOR decisions concerning the children's schooling (choice of school, change of school), healthcare (elective surgery, mental-health treatment, chronic medication), religion (formal religious instruction or change of religion), passport / overseas travel and any other matter listed in section 31 of the Children's Act. Each Parent makes day-to-day decisions during their own care time.
Schooling:
Lerato attends Sandton Primary School (Grade 3 in 2026). Bongani is enrolled at Sandton Pre-Primary (Grade RR in 2026). Both Parents jointly select schools, attend school events, and may collect the children from school. School fees are paid by Parent 1 (R85,000 per child per year), with Parent 2 contributing R45,000 per child per year, in accordance with the divorce maintenance order.
Healthcare:
Both Parents jointly select healthcare providers for elective treatment. Routine medical care (GP visits, immunisations, dental check-ups) may be arranged by the Parent in care at the time. Emergency medical decisions may be made by the Parent present, with the other Parent notified as soon as practicable. Both Parents are entitled to attend medical appointments and to receive medical information directly from healthcare providers.
Medical aid: Discovery Health Medical Scheme — KeyCare Plus (member: Parent 1, member number DH-12345). Children registered as dependants.
Major decisions are exercised jointly under section 31 of the Children's Act; day-to-day decisions during a parent's care time are made by that parent.
Both Parents shall jointly make MAJOR decisions concerning the children's schooling (choice of school, change of school), healthcare (elective surgery, mental-health treatment, chronic medication), religion (formal religious instruction or change of religion), passport / overseas travel and any other matter listed in section 31 of the Children's Act. Each Parent makes day-to-day decisions during their own care time.
Schooling:
Lerato attends Sandton Primary School (Grade 3 in 2026). Bongani is enrolled at Sandton Pre-Primary (Grade RR in 2026). Both Parents jointly select schools, attend school events, and may collect the children from school. School fees are paid by Parent 1 (R85,000 per child per year), with Parent 2 contributing R45,000 per child per year, in accordance with the divorce maintenance order.
Healthcare:
Both Parents jointly select healthcare providers for elective treatment. Routine medical care (GP visits, immunisations, dental check-ups) may be arranged by the Parent in care at the time. Emergency medical decisions may be made by the Parent present, with the other Parent notified as soon as practicable. Both Parents are entitled to attend medical appointments and to receive medical information directly from healthcare providers.
Medical aid: Discovery Health Medical Scheme — KeyCare Plus (member: Parent 1, member number DH-12345). Children registered as dependants.
Major decisions are exercised jointly under section 31 of the Children's Act; day-to-day decisions during a parent's care time are made by that parent.
4.
HOLIDAYS AND SPECIAL OCCASIONS
Long holidays (June/July, December/January):
June/July long holiday: divided equally — first half with Parent 1, second half with Parent 2 (rotating annually). December/January: alternating Christmas (Parent 1 has Christmas 2026; Parent 2 has Christmas 2027) and the children spend New Year with the non-Christmas Parent. Each Parent entitled to one (1) overseas holiday week with the children per year, subject to the other Parent's consent and providing 60 days' notice.
Short holidays (April, September/October):
April school holiday: divided equally — first half with the Parent whose weekend follows the holiday start. September/October short holiday: alternates annually (Parent 1 has 2026, Parent 2 has 2027). Easter weekend (Good Friday to Easter Monday) alternates similarly.
Birthdays:
Each child's birthday alternates between the Parents (Parent 1 has Lerato's 2026 birthday, Parent 2 has 2027, alternating). On the non-celebrating Parent's year, that Parent has the child for a 2-hour visit on the day itself or a substitute day arranged within 7 days. Each Parent's own birthday: the children spend the day with that Parent, regardless of regular schedule.
Cultural / religious observances:
Each Parent may share their cultural and religious traditions with the children during their own care time. Religious observances of personal significance (e.g. Easter, Christmas, Heritage Day family gatherings) are accommodated by the other Parent giving up a contact day in exchange for an equivalent day in the alternative period.
June/July long holiday: divided equally — first half with Parent 1, second half with Parent 2 (rotating annually). December/January: alternating Christmas (Parent 1 has Christmas 2026; Parent 2 has Christmas 2027) and the children spend New Year with the non-Christmas Parent. Each Parent entitled to one (1) overseas holiday week with the children per year, subject to the other Parent's consent and providing 60 days' notice.
Short holidays (April, September/October):
April school holiday: divided equally — first half with the Parent whose weekend follows the holiday start. September/October short holiday: alternates annually (Parent 1 has 2026, Parent 2 has 2027). Easter weekend (Good Friday to Easter Monday) alternates similarly.
Birthdays:
Each child's birthday alternates between the Parents (Parent 1 has Lerato's 2026 birthday, Parent 2 has 2027, alternating). On the non-celebrating Parent's year, that Parent has the child for a 2-hour visit on the day itself or a substitute day arranged within 7 days. Each Parent's own birthday: the children spend the day with that Parent, regardless of regular schedule.
Cultural / religious observances:
Each Parent may share their cultural and religious traditions with the children during their own care time. Religious observances of personal significance (e.g. Easter, Christmas, Heritage Day family gatherings) are accommodated by the other Parent giving up a contact day in exchange for an equivalent day in the alternative period.
5.
RELIGION
The children's primary religious upbringing shall be Christian (Methodist), as agreed between the Parents. Each Parent retains the right to share their own faith with the children during their own care time, in a manner respectful of the primary religion and without disparagement of the other Parent's faith. A change of primary religious upbringing requires both Parents' consent under section 31 of the Children's Act.
6.
COMMUNICATION WITH THE NON-CARE PARENT
Each child shall have free access to communicate with the non-care Parent by phone, WhatsApp or video call at reasonable times. The care Parent shall not monitor, record or restrict these communications, save to limit duration during family meals, school hours or after the children's bedtime. The non-care Parent shall not pressure or coach the child during these communications.
7.
INTERNATIONAL TRAVEL AND RELOCATION
International travel:
Either Parent may travel internationally with the children subject to: (a) at least 60 days' written notice to the other Parent specifying destination, dates, accommodation and travel itinerary; (b) the other Parent's written consent, which shall not be unreasonably withheld; (c) provision of a Parental Consent Affidavit under the Department of Home Affairs Immigration Regulations 2014; (d) the children's SA passports being made available 14 days before departure. Each Parent retains the children's passports for travel in their own contact time.
Relocation: the consent of the other parent (or, failing consent, leave of the High Court) is required for any relocation of the children's primary residence outside the current city, province or country. The relocating parent bears the onus of demonstrating that the relocation is in the children's best interests, applying the principles in F v F 2006 (3) SA 42 (SCA).
Either Parent may travel internationally with the children subject to: (a) at least 60 days' written notice to the other Parent specifying destination, dates, accommodation and travel itinerary; (b) the other Parent's written consent, which shall not be unreasonably withheld; (c) provision of a Parental Consent Affidavit under the Department of Home Affairs Immigration Regulations 2014; (d) the children's SA passports being made available 14 days before departure. Each Parent retains the children's passports for travel in their own contact time.
Relocation: the consent of the other parent (or, failing consent, leave of the High Court) is required for any relocation of the children's primary residence outside the current city, province or country. The relocating parent bears the onus of demonstrating that the relocation is in the children's best interests, applying the principles in F v F 2006 (3) SA 42 (SCA).
8.
DISPUTE RESOLUTION
The Parents commit to resolving any dispute about the implementation of this Plan in a manner that prioritises the children's best interests under section 7 of the Children's Act. In the event of any dispute arising from this Plan, the Parents shall first attempt to resolve the dispute through mediation with a registered family mediator (FAMSA, SAAM or equivalent), at the costs of the Parents equally, before any court application.
9.
REGISTRATION OR FORMAL STATUS
This Parenting Plan is intended to be registered with the Office of the Family Advocate under section 33(5) of the Children's Act. The Parents shall submit a certified copy of this signed Plan, together with their respective IDs and the children's birth certificates, to the Office of the Family Advocate within 60 days of signature.
10.
AMENDMENT AND ENTIRE AGREEMENT
This Parenting Plan may be amended by written agreement signed by both Parents. The signed amendment shall be submitted to the Office of the Family Advocate for endorsement within 30 days of signature. Amendments cannot derogate from the children's best interests as defined in section 7 of the Children's Act 38 of 2005.
This Parenting Plan constitutes the entire agreement between the Parents regarding the exercise of their parental responsibilities and rights in respect of the children, and supersedes all prior oral or written arrangements.
This Parenting Plan constitutes the entire agreement between the Parents regarding the exercise of their parental responsibilities and rights in respect of the children, and supersedes all prior oral or written arrangements.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date indicated.
PARENT 1
Thandi Nkosi
biological mother
Parent
Date: ____________________
PARENT 2
Sipho Mthembu
biological father
Parent
Date: ____________________
Available as a print-ready PDF or an editable Microsoft Word (.docx) file.
What Is a Parenting Plan?
A Parenting Plan is a written agreement under section 33 of the Children's Act 38 of 2005 by which co-holders of parental responsibilities and rights (PR&R) — usually both parents — record the practical exercise of their PR&R: where the children live primarily, when each parent has contact, who makes which decisions, how schooling and healthcare are arranged, holiday and birthday rotations, religious upbringing, communication rules, travel and relocation, and how to resolve future disputes. The plan is registered with the Office of the Family Advocate (fast, free), made an order of court (slower, directly enforceable), or kept as a private written agreement (most flexible).
Section 33 distinguishes two situations. Where co-holders AGREE on the plan (the common case after amicable separation or divorce), they simply sign and register or seek a court order. Where co-holders are in CONFLICT and need help reaching agreement, section 33(2) REQUIRES the plan to be prepared after consultation with a Family Advocate, social worker, psychologist or qualified mediator — a written statement from the professional must accompany the application to the Family Advocate or court. This mediation-first requirement is the Children's Act's answer to the courts being inundated with day-to-day parenting disputes.
The plan is informed by the 12 best-interest factors in section 7 of the Children's Act: relationship with each parent; attitude of each parent; capacity of each parent; effect of change on the child; practical difficulty of contact; need to remain in care of parent or family; child's age, maturity, gender and stage of development; child's physical and emotional security; child's intellectual, emotional, social and cultural development; child's disability or chronic illness; need for stable family environment; need to be protected from harm. The court at the registration / order stage scrutinises the plan against these factors. The Children's Amendment Act 17 of 2022 (mostly in force from 8 November 2023) further strengthens children's participation rights, the role of the Family Advocate, and protection against abduction.
What's Covered in This Template
Eight sections covering every typical parenting-plan element + expert-tier holiday schedule, religion, communication, travel and dispute resolution.
Parent 1 + Parent 2 Details
Full names, SA IDs, addresses, phone, email, relationship to children (biological / adoptive / guardian).
Up to 3 Children
Names + dates of birth.
Primary Residence
Primary with Parent 1 / Parent 2 / shared 50-50 alternating weeks (or other equal pattern).
Regular Contact Schedule
Detailed schedule for non-primary parent — alternate weekends + mid-week supper is the SA norm.
Major Decisions Framework
Joint major-decisions list (schooling, healthcare, religion, travel) + day-to-day with parent in care.
Schooling, Healthcare, Medical Aid
Specific schools, fee splits, healthcare provider selection, medical aid carrier and member.
Detailed Holiday Schedule (Expert)
Long holidays (June/July + December), short holidays (April + September), birthdays rotation, cultural / religious observances.
Religion + Communication (Expert)
Primary religious upbringing + each parent's right to share own faith; phone / video contact rules.
International Travel + Relocation (Expert)
60-day notice + consent + Parental Consent Affidavit (Home Affairs Immigration Regulations 2014) + relocation consent.
Dispute Resolution (Expert)
Mediator-first step before court application + optional parenting coordinator for high-conflict cases.
Family Advocate Registration (Expert)
Choose: Family Advocate registration / court order / private agreement.
Amendment Procedure
Written-agreement amendment + Family Advocate endorsement or court variation.
How to Create a Parenting Plan in South Africa
Five steps from drafting to a registered Parenting Plan.
- 1
Confirm Both Parents Hold PR&R
Section 18 Children's Act confers PR&R automatically on the biological mother + biological father (where in marriage or co-habiting). Unmarried fathers may need to confirm PR&R under s.21 before signing a plan.
- 2
Decide Primary Residence + Contact Schedule
Primary residence + alternating weekends + mid-week supper is the SA norm. Shared 50/50 is increasingly common where parents live geographically close. Address holiday schedule in detail (Expert tier).
- 3
Agree on Major Decisions Framework
Major decisions (schooling, healthcare, religion, passports) jointly; day-to-day decisions by the parent in care at the time (s.31 Children's Act).
- 4
Address Religion, Travel, Dispute Resolution
These are common future flashpoints — addressing them in the plan reduces post-divorce litigation. International travel needs both parents' consent + Parental Consent Affidavit under Immigration Regulations 2014.
- 5
Register with the Family Advocate
Most amicable plans are registered with the Office of the Family Advocate (free, fast, gives formal status). Where directly enforceable order is needed, apply to court. Where parents are in CONFLICT, mediation / professional consultation is required under s.33(2).
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Legal Considerations
A defective Parenting Plan creates exactly the dispute it was meant to prevent.
This template is for informational purposes only and does not constitute legal advice. Parenting Plans involve sensitive matters concerning children's welfare — consult a qualified South African family law attorney, registered family mediator or Family Advocate for advice specific to your situation.
Reviewed for South African law
Children's Act 38 of 2005 — Section 7 Best-Interest Factors
Section 7 of the Children's Act prescribes 12 factors the court (or Family Advocate) must consider in any matter affecting a child: (a) nature of the relationship between the child and each parent; (b) attitude of each parent towards the child and the exercise of PR&R; (c) capacity of each parent to provide for the needs of the child; (d) likely effect on the child of any change of circumstances; (e) practical difficulty and expense of contact; (f) need to remain in the care of a parent / extended family / cultural group; (g) child's age, maturity, stage of development, gender and background; (h) child's physical and emotional security; (i) intellectual, emotional, social and cultural development; (j) child's disability or chronic illness; (k) need for stable family environment; (l) need to protect the child from physical or psychological harm. Every parenting-plan provision should be defensible against this checklist.
Section 33 — Two Plan Types
Section 33(1): co-holders WHO AGREE on the exercise of PR&R may enter into a Parenting Plan recording the agreement. They sign and register with the Family Advocate OR apply for the plan to be made an order of court. Section 33(2): co-holders WHO ARE EXPERIENCING DIFFICULTIES must first seek to agree on a Parenting Plan BEFORE approaching court. The plan must be developed after consultation with a Family Advocate, social worker, psychologist OR a registered mediator (a written statement by the professional must accompany the registration / court application). Section 33(5) confirms registration and court-order options. Section 34(1) requires the plan to be in writing and signed by all co-holders. Amendment / termination follows the same registration route.
Family Advocate vs Court Order vs Private Agreement
Family Advocate registration is fast and free, gives the plan formal status, and provides Family Advocate enforcement assistance (the Family Advocate may convene meetings, mediate, and report to court if implementation breaks down). Court order takes longer (court appearance + filing fees) but converts the plan into a directly-enforceable order — contempt of court applies for non-compliance. Private agreement is most flexible (no Family Advocate or court involvement, easy to amend) but is not directly enforceable — disputes still require court application. The SA market norm for amicable plans is Family Advocate registration; court order is preferred where the parents anticipate non-compliance or where the plan is part of a divorce decree (in which case the court incorporates the plan into the divorce order under section 7(1) of the Divorce Act).
Frequently Asked Questions
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