Parenting Plans & Relocation

Care, contact, parenting plans and relocating or travelling with a child, always guided by the child’s best interests.

When parents separate, arrangements for the children are usually the most important, and most emotional, issue. The Children’s Act gives both parents responsibilities and rights, and requires every decision to be made in the child’s best interests.

Key concepts

  • Care: where the child lives and who attends to their day-to-day needs.
  • Contact: time spent with the other parent, including holidays and communication.
  • Guardianship: major decisions, including consent to marriage, passports and leaving South Africa.
  • Parenting plan: a written agreement setting out how parents will exercise their responsibilities and rights.

Relocating with a child

Moving a child to another town or country can significantly affect the other parent’s relationship with the child. Where parents cannot agree, the court decides based on the child’s best interests, considering the reasons for the move and the impact on the child.

Travelling abroad

Generally, the consent of both guardians is required for a child to obtain a passport or leave South Africa. If consent is unreasonably withheld, the High Court can grant permission.

When we can help

Common situations include:

  • Drafting a parenting plan after separation or divorce.
  • Disputes about care, contact or holiday arrangements.
  • A parent who wants to relocate with a child, locally or abroad.
  • A parent refusing consent for travel or a passport.
  • Unmarried fathers seeking to establish their rights.
  • Varying an existing arrangement as children grow older.

How parenting disputes are resolved

From agreement to court order.

  1. Negotiation
    Most arrangements are agreed between the parents, often with legal advice on each side.
  2. Mediation
    Where talks stall, mediation is encouraged and may be required before a parenting plan is finalised.
  3. Family Advocate
    The Office of the Family Advocate can assist with parenting plans and investigate and report to the court in disputed matters.
  4. Court
    If agreement is not possible, the court decides care, contact or relocation, guided by the best interests of the child.
  5. Registration
    An agreed parenting plan can be registered with the Family Advocate or made an order of court.

Courts may also appoint experts, such as psychologists, to assess the family. We help you prepare for this process and present your case clearly.

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What to prepare

Information that helps us advise you.

  • Details of the current care and contact arrangements.
  • Any existing court order or parenting plan.
  • The child’s school, activities and routine.
  • Reasons for any proposed relocation, with supporting details.
  • A record of relevant communication between the parents.

Common Questions

Yes, in many cases. An unmarried father acquires full parental responsibilities and rights if he meets the requirements of the Children’s Act, for example by living with the mother in a permanent life partnership at the time of birth, or by contributing to the child’s upbringing and maintenance.
Parents who share parental responsibilities and rights and experience difficulties may be required to agree a parenting plan before going to court. In practice, a clear parenting plan helps avoid future disputes.
Generally not, if the other parent is a guardian. You would need their consent or a court order permitting the relocation.
There is no fixed age. The court considers the child’s views, giving them more weight as the child matures, but the decision remains the court’s, based on the child’s best interests.
Yes. Parenting plans can be amended by agreement or by court order as the child’s needs and circumstances change.

NEED HELP WITH ARRANGEMENTS FOR YOUR CHILDREN?

We help parents reach workable, child-focused arrangements and represent them when disputes must go to court.

Read more: Care, contact and parenting plans · Travelling and relocating with a child

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This page is general information and not legal advice.

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