The law does not contain a definition of an education plan. However, if one considers the parenting provisions of the law and its regulations, it could be defined as a written agreement between the co-owners of parent duties and rights detailing their respective responsibilities and rights to custody, contact, guardianship and subsistence of a child. 4. An education plan registered with a family lawyer may be modified or terminated by the family lawyer at the request of the co-owners, of obligations and parental rights involved in the plan. Let yourself be subjected today by your vocational legal education. Parental plans are legally inapplicable. If a parent does not respect an agreement, the court will not intervene. An educational plan is to find a common basis between parents to strengthen their rights and obligations after divorce. An educational plan focuses specifically on issues concerning minor children born or adopted from a relationship.
It does not cover issues such as asset sharing, debt pension funds or other issues that are not directly related to child care, contact and maintenance. These other issues should be resolved by counsel and be part of the broader divorce regime and be included in the final divorce decision. As soon as the parties decide to agree on a parenting plan, they must have the education plan drawn up. If paragraph 33, paragraph 2, applies, they should do so with the assistance of the party concerned. However, for both optional education plans and mandatory education plans, the well-being of the child principle applies. According to Section 33 (4) of the Act: essentially, a written education plan is an agreement between parents that describes how they will exercise their parental rights and duties after separation. Typically, parental plans in South Africa are jointly drawn up by both parents using a neutral third party or mediator, such as a lawyer, social worker or psychologist. This valuable legal tool helps parents answer a number of questions, including care, contacts and financial contributions.
The agreement also includes key decisions concerning the education of children in separate homes, for example: as a social worker, I am always obliged to involve children as much as it is realistic given the age and situation of the children. It is wise to evaluate children as much as possible in order to preserve their experience of the world. This can provide valuable information on how care and contacts should be negotiated within the framework of each parent`s rights. I would also prefer to conduct a basic screening of child sexual abuse to determine if there are any safety issues related to both parents. Children may have specific questions such as “who pays for my piano lesson” or “Who takes me to football training” and it is important to give them the opportunity to ask these questions and get answers. Once the education plan is complete, it is also a good idea to work with children at the level they can understand to make sure they know how things will work in their lives from there. Once the education plan has been registered with a family lawyer or has made a court decision, the parties are expected to follow the education plan.