The Childrens Act, 38 of 2005 came in to complete operation  on 1 April 2010. This Act changed the Law  relating to the rights and obligations of parents regarding their  children.  Before the Act, the focus was  on the authority of parents over their children.  When parties got divorced, one parent  normally was awarded custody of the children born of the marriage.  That parent had sole "control" over  the daily lives of the children.  The  other parent was only awarded access.   When the "custodian" parent frustrated the other parent's  access, there was very little that that parent could do, apart from expensive  court litigation.

The Children's Act has changed our whole way of reasoning  when it comes to parenting.  Both parents  now equal parental responsibilities and rights in respect of their  children.  Both parents now have a  responsibility to "care" for the child.  Both parents must contribute financially  towards to the needs of the child and both should also maintain contact with  the child, no matter where the child lives.  

The focus for parents now is on their responsibilities  towards their children and not their "rights" as parents.  Despite divorce or separation, parents will  continue to share in their children's physical, emotional and spiritual care as  well as continue to make decisions about their children's health, education,  discipline and welfare together in the best interests of their children.

Parents should attempt to minimise the disruptions in  their children's lives through consultation and co-operation with one another  and should seek to remain flexible in arranging reasons schedules in order to  promote stability, consistency and continuity on an on-going basis in their  children's lives.

Parents can now agree on how to structure and exercise  their responsibilities and rights regarding their children and set this out in  a Parenting Plan, which can be made an Order of Court.  When parents experience problems exercising  their responsibilities and rights regarding their children, the parents cannot  proceed to Court litigation unless they have first tried to agree on a  Parenting Plan.  Professional with meet  with the parents and children and try to assist them through mediation to resolve  the conflict and compile a Parenting Plan.