Who gets the kids this weekend?

Following please find new regulations around the movement of children between the homes of separated or divorced parents.

Ms Lindiwe Zulu, MP, the Minister of Social Development, announced amendments regarding the direction to contain the spread of COVID -19 in exercising the care and contact by persons who are co-holders of parental responsibilities and rights, or a caregiver during the lockdown period.
The amendments were made in terms of section 27(2) of the Disaster Management Act 2002 (Act No 57 of 2002) published in Government Gazette No. 43107.

Following please find the highlights of the amendments and how it relates to the movement of children between parents who are co-holders of parental responsibilities to contain the spread of COVID-19 during the lockdown period:

• Movement of children between co-holders of parental responsibilities and rights or a caregiver, as defined in section 1(1) of the Children's Act,2005 (Act No. 38 of 2005), during the lockdown period, is prohibited except where arrangements are in place for a child to move from one parent to another, in terms of-

1.1. A court order; or

1.2. Where a parental responsibilities and rights agreement or parenting plan, registered with the family advocate, is in existence, provided that, in the household to which the child is to move, there is no person who is known to have come into contact with, or is reasonably suspected to have come into contact with a person known to have contracted, or reasonably suspected to have contracted, COVID-19.

1.3. The parent or caregiver transporting the child concerned must have in his or her possession,
the court order or the agreement referred to in sub-items 1.1 and 1.12 repectively, or a
certified copy thereof.

• A Social Worker's report is deemed to be sufficient for the admission of service users in treatment centres and Halfway Houses during the lockdown period.

These amendments however, leaves parents who have not yet agreed to a formal parenting plan, alternatively registered the parenting plan with the family advocate prior to the implementation of the lockdown-period to remain in a prejudiced position.

Should you have any major concerns about the wellbeing of your children in the current circumstances that requires urgent attention, please not hesitate to contact Marchelle van Zyl (This email address is being protected from spambots. You need JavaScript enabled to view it. / 082 850 8792) for the appropriate legal advice.