A parenting plan can provide much-needed structure for families after divorce, outlining how parents will share responsibilities and make important decisions about their children. However, children grow, family circumstances change, and arrangements that once worked well may no longer be practical. So, can parenting plans be changed after a divorce has already been finalised?
Yes, parenting plans can be changed after divorce when circumstances or a child’s needs change. How the plan is amended depends on whether it was registered with the Family Advocate or made by court order, with the child’s best interests remaining the priority.
A parenting plan is intended to provide stability, but it does not necessarily mean the same arrangements must remain in place as a family’s circumstances evolve. South African law allows parenting plans to be amended or terminated, although you must follow the correct procedure. Below, we explain when changes may be appropriate, how the process works and what happens when parents cannot agree.
Can You Change Your Parenting Plan After Divorce?
The short answer is yes. You can have your parenting plan changed after divorce. Still, parents should not simply disregard an existing plan and introduce new arrangements informally, particularly where the plan has been made an order of court.
Parenting Plans Are Designed Around The Child
Under the Children’s Act 38 of 2005, parenting plans must comply with the best interests of the child standard. They may deal with matters such as where and with whom a child lives, contact with parents or other people, maintenance, schooling and religious upbringing.
As children grow and family circumstances change, some of these arrangements may need to change as well.
The important question is therefore not simply what is more convenient for either parent, but whether the proposed changes continue to serve the child’s best interests.
Why Might A Parenting Plan Need To Change?
There are many reasons why arrangements agreed upon during a divorce may become unsuitable several years, or even months, later.
A Parent’s Circumstances May Change
A parent may relocate, change jobs, begin working different hours or experience another significant change in their personal circumstances. These developments can make existing care and contact arrangements difficult to maintain.
For example, a parenting plan based on both parents living close to one another may no longer be practical if one parent moves significantly further away.
The Child’s Needs May Change
Children’s needs naturally evolve as they grow older. School schedules, extracurricular activities, friendships and developmental needs may make arrangements that worked for a young child less appropriate for a teenager.
Changes to parenting plans should therefore consider the child’s age, maturity and current circumstances rather than focusing solely on what was agreed when the parents divorced.
There May Be Concerns About The Child’s Well-Being
In more serious circumstances, changes may be required because of concerns relating to a child’s safety or well-being.
Where circumstances have developed that could affect the child’s physical or emotional welfare, legal advice should be obtained promptly to determine whether existing arrangements need to be changed and what legal steps may be necessary.
How Do You Change A Parenting Plan?
The correct process depends largely on the legal status of the existing parenting plan. This distinction matters because not all parenting plans can be amended in the same way.
A Plan Registered With The Family Advocate
Section 34 of the Children’s Act provides that a parenting plan registered with the Family Advocate may be amended or terminated by the Family Advocate on application by the co-holders of parental responsibilities and rights who are parties to the plan.
Where both parents agree that circumstances have changed, this can provide a way of formally updating the arrangements without necessarily having to approach a court.
A Parenting Plan Made An Order Of Court
The position is different where the parenting plan was made an order of court as part of the divorce.
Under section 34(5) of the Children’s Act, a parenting plan that has been made an order of court may only be amended or terminated by an order of court.
Parents should therefore not assume that agreeing privately to different arrangements automatically changes the existing court order. Where a formal amendment is required, the appropriate application must be made.
What If Both Parents Agree To The Changes?
Reaching agreement can make the process considerably easier and may help parents avoid unnecessary conflict.
Put The New Arrangements In Writing
Even where parents have a cooperative relationship, significant changes should be properly documented.
Informal arrangements can create uncertainty later, particularly if one parent remembers the agreement differently or circumstances deteriorate.
Formalising agreed changes ensures that both parents understand their responsibilities and provides greater certainty for the child.
Consider Mediation Where Necessary
Parents may agree that the existing parenting plan needs to change but disagree about exactly what the new arrangements should look like.
Mediation can help parents discuss these issues constructively and work towards arrangements that prioritise their child rather than allowing the disagreement to develop into unnecessary litigation.
The Office of the Family Advocate may also play an important role in assisting families with disputes concerning parental responsibilities and rights.
What Happens If The Parents Cannot Agree?
Not every proposed change will be accepted by both parents. One parent may believe a change is essential while the other believes the existing arrangements should remain.
The Child’s Best Interests Come First
Where parents cannot reach agreement, and a court must determine the matter, the central consideration will be the child’s best interests.
The court will consider the relevant circumstances rather than simply deciding which parent’s preferred arrangement should prevail.
Depending on the dispute, the Family Advocate or other suitably qualified professionals may become involved to help assess what arrangements would best serve the child.
A Parent Should Not Simply Ignore The Existing Plan
Where parenting plans have legal effect, deliberately acting contrary to them can create further disputes and potentially serious legal consequences.
If an arrangement is no longer workable, the safer approach is to seek advice about formally changing it rather than unilaterally deciding that it no longer applies.
This is particularly important where changes involve significant issues such as a child’s primary residence, relocation, schooling or contact with the other parent.
Should Children Have A Say In Changes To Parenting Plans?
Changes to a parenting plan ultimately concern the child, so their views may also be relevant.
A Child’s Views Can Be Considered
The Children’s Act places importance on children being able to participate in matters affecting them in a manner appropriate to their age, maturity and stage of development.
This does not necessarily mean that a child gets to make the final decision. Rather, their views should be given appropriate consideration when determining what arrangements are in their best interests.
Parents should also be careful not to place children in the middle of adult disputes or make them feel responsible for choosing between their parents.
When Should You Consider Reviewing Your Parenting Plan?
Parents do not necessarily need to wait until an arrangement completely breaks down before considering whether it still works.
Review It When Circumstances Change
It may be worth reviewing a parenting plan after a significant relocation, a change in employment, new schooling arrangements, changes in the child’s needs, or another development that materially affects the existing arrangements.
A review does not automatically mean everything needs to change. Sometimes relatively small adjustments can make parenting plans more practical while preserving the stability children need.
Addressing these issues early can also help prevent minor disagreements from developing into larger disputes.
Divorce arrangements are made based on the circumstances at the time, but families and children do not remain static. When circumstances change, parenting plans may need to evolve. The process for making those changes depends on whether the plan was registered with the Family Advocate or made by court order. Most importantly, you should approach any proposed amendment with the child’s best interests at its centre rather than simply the preferences of either parent.
At Burnett Attorneys & Notaries, we understand that parenting arrangements sometimes need to change as children grow and family circumstances evolve. Our experienced family law team can assist with reviewing and amending parenting plans, negotiations between parents, mediation and court applications where agreement cannot be reached. Contact us to arrange a confidential consultation.