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Co-parenting: Children are permitted to travel to the home of a co-holder of parental rights (in certain circumstances) during the Lockdown

Fasken
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Overview

The Minister of Social Development, Ms Lindiwe Zulu, amended the regulations that initially restricted the movement of children between co-holders of parental rights during the 21 day COVID-19 Lockdown.

The amendments allow for the movement of children between co-holders of parental responsibilities and rights during the COVID-19 lockdown provided that:

  1. A co-holder is in possession of:

    • an existing court order;
    • a registered parental rights and responsibilities agreement; or
    • a parenting plan registered with a Family Advocate.

  2. The child can only be moved to another co-holder’s household if:

    • there is no person, in that household, who is known to have come into contact with or reasonably suspected to have come into contact with, a person known to have contracted or reasonably suspected to have contracted, COVID-19.

  3. The parent/caregiver transporting the child must have in his or her possession, the court order or the relevant agreement.

These amendments address the applicability of court orders and registered parenting agreements during the Lockdown and provide a reasonable limitation on the rights of co-holders in the light of the Covid-19 pandemic.

Contact the Authors

For more information or to discuss a particular matter please contact us.

Contact the Authors

Authors

  • Sushila Dhever, Partner, Johannesburg, +27 11 586 6029, sdhever@fasken.com
  • Andricia Hinckemann-Dlamini, Partner, Johannesburg, +27 11 586 6042, ahinckemann@fasken.com

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