07 Sep 2018

All children have a right to be loved, cared for and raised by both parents regardless of the relationship status of the parents. 

It is for this reason that Ms Charlene van Riet-lowe found it imperative to establish an organisation to assist in mediating between warring parties, especially parents who may find themselves at loggerheads, to the detriment of the children.

The firm, Mediation Mechanics, Ms Van Riet-lowe said in an interview, has employed highly experienced and qualified mediators to help parents through the process of creating a parenting plan, understanding what is working at the time and what needs to be implemented in order  to give children the best possible childhood experience. 

“A parenting plan is a document that outlines when the children will be with each parent and states how parenting tasks will be handled,” she said.

Ms Van Riet-Lowe further explained that the plan is intended to ensure the children’s optimal development by providing continuity, stability and predictability for the children while ensuring frequent and continued contact with each parent. 

Mediation Mechanics, Ms Van Riet-lowe said, carried our its mandate in accordance with  the Children’s Act guideline for co-parenting agreements to biological parents who are not married and do not live together. 

In terms of the Act, the co-parenting agreement should be in writing and should set out the following; which parent the child shall reside with, which parent shall determine the child’s up-bringing, the times the child will spend with each parent and the financial and other responsibilities of each parent towards the child and other matters as may be prescribed. 

Some issues that may be incorporated in a parenting plan include holiday schedules, clothing, medical needs, extra-curricular activities, how to communicate with children telephonically, with letters and e-mail, how the child will get from one parent’s home to the other or to school or day care centre, how school, medical and other bills will be shared. 

“A parenting plan can include information about which other family members can be included in the parenting arrangements, for example grandparents, aunts and uncles,” said Ms Van Riet-Lowe 

The Act requires that the copy of the agreement should be filed by the parents with the clerk of the children’s court in the district the child resides in. 

Either parent may vary or revoke the agreement by giving written notice of the intention to vary or revoke the agreement and provide the grounds or reasons for seeking the variation or revocation and this must be done in the children’s court in the district the child is based. 

Ms Van Riet-Lowe said in creating a parenting plan, it is essential to think of the children’s needs first. 

“Each child is unique with a different temperament, personality and these variations should be factored into the parenting plan. 

It is important to note that consistency and predictability are key when following a parenting plan,” she said. 

She also highlighted that a written plan cannot address every possible situation that might occur and therefore parents must implement the plan in a spirit of good faith and mutual cooperation. 

The Children’s Act requires that in reviewing or varying the plan, the best interests of the child are of paramount importance. 

Further, the Act requires that the court shall take into account any views expressed by the child. 

Children who see their parents communicate respectfully and cooperate tend to have great social skills that they grow with and they get to build great relationships with both their parents, she said. 

Ms Van Riet-Lowe stressed that from time to time, parents should review the plan as the children’s needs may change. Ends