A parenting plan is a negotiated agreement, usually between the two parents, to put in writing their agreement on how to co-parent their child or children. A parenting plan usually covers topics such as education, contact arrangements, discipline, medical matters, etc, and can also include maintenance arrangements.

Having a parenting plan is important to ensure that there is no uncertainty between the parties about arrangements regarding raising their child or children. A parenting plan is also not cast in stone and may be amended as the needs or circumstances of either the parents or the child change.

Parenting plans can also be compiled between grandparents and parents if the children are mostly in the care of the grandparents.

A parenting coordinator is an independent person either appointed by the court or agreed upon between the parties (usually as part of a court order) to assist in high conflict cases. The parenting coordinator will first try to resolve issues and disputes through a mediation process, taking the different perspectives of the parties into consideration, as well as the views of the children, if they are of an age and maturity to participate in the process, in an age-appropriate way.

Should matters not be resolved through mediation the parenting coordinator has the authority to issue directives which will be enforceable until a court takes a final decision on the matter.

But parenting coordination can also take place in matters where parents just need the short-term assistance of an independent person to help them co-parent their children and reach an agreement on matters which can lead to a parenting plan.

Each school should have a disciplinary code in terms of which the behaviour of learners at the school is regulated. If a learner is involved in misconduct, appropriate disciplinary measures may be taken by the school. The action by the school will depend on the seriousness of the misconduct. Disciplinary measures must always have a remedial purpose and not a punitive one.

Unfortunately learners and their parents are often completely ignorant about learners’ rights in this regard. It must be kept in mind that disciplinary matters, especially when it reaches the stage of a disciplinary hearing, can have a devastating and traumatic effect on the learner and can impact on that learner’s future.

In addition, unfortunately, schools often do not abide by the requirements of the South African School’s Act in that, for instance, chargesheets do not comply with basic rules, learners are exposed to cross-examination during the disciplinary process, where the rule is clear that this is not allowed, findings by disciplinary committees are sometimes unfounded, learners do not understand their right to lodge an appeal, etc.

Especially serious misconduct such as sexual matters, theft, drugs possession of firearms etc need to be handled in the correct way. We also often find that the victim of serious misconduct at a school is not adequately protected by the school, especially where teachers are involved.

When children are involved it can be an emotionally draining process for parents, especially if they do not know how to handle a matter and what their or their children’s rights are.

I have more than 13 years’ ecperience in the Children’s Court and the High Court dealing almost exclusively with matters involving children. In many instances I represented children in court.

Often grandparents or other family members do not know whether they have any rights or, should they have rights, what their rights are or alternatively, how they can become invlved in matters regarding minor children in the correct way.

Adequate and experienced advice can assist parents and children in any process where children are involved and prevent unnessary delays and hardship.