The imminent mid-year school holidays provide a perfect opportunity for families to relax and spend quality time together – and for parents to bond with their minor children. For various reasons, including divorce or separation, parents don’t always occupy the same home as their children. In the absence of a formal agreement regulating contact, disputes are commonplace.
For divorced parents, holiday contact is typically pre-agreed and governed by the consent paper/settlement agreement and parenting plan, which are made an order of court following the finalisation of divorce proceedings. Often, the parenting plan makes provision for the appointment of a parenting facilitator in the event of a dispute. In this instance, the facilitator’s role is to act in the best interests of the child/children and to guide the parents in reaching an agreement. If the facilitator is unsuccessful, either parent may approach the court to vary the terms of the divorce order.
Predictably, things become complicated when the parents were never married and failed to conclude an agreement regulating child contact. In these instances, it is especially imperative that parents recognise that co-parenting conflicts may negatively impact their children. Accordingly, parents are urged to remain civil, avoid diminishing the other parent, and act in the best interests of their offspring – even where doing so doesn’t always align with their own wishes.
If parents cannot engage with each other independently, they should approach a mediator. A mediator, who is generally an attorney or social worker, operates as a neutral third party to facilitate meaningful communication and co-operation between the parties, with the aim of enabling them to reach mutual agreement. During mediation, both parents must openly voice their concerns, ask questions, and attempt to resolve their personal differences. Consequently, compromise and clear communication – underpinned by the best interests of the children – are essential to harmonious co-parenting.
Ultimately, it is recommended that parents facing contact disputes consult with an experienced and reputable family law attorney to smoothly and expeditiously resolve disagreements.
For professional legal advice, contact our family law experts at familylaw@stbb.co.za.
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