PARENTAL RESPONSIBILITIES AND RIGHTS IN RESPECT OF THE PARTIES MINOR children, namely: SIPHO,  HILDA, DUMISANI, JOSH hereinafter shall be referred to as the minor children.

A.1.     The parties will remain co-guardians of the aforenamed minor children as prescribed in Sections 18(3), (4) and (5) of the Children’s Act no. 38 of 2005 (”The Act”).

A.2      The minor children shall primarily reside with the Defendant.

A3.      The Plaintiff shall have the right to maintain reasonable contact with the minor Plaintiff and taking into account the minor children’s scholastic and social activities, which contact shall include but no be limited to the following:

A.3.1    Every alternative weekend provided that should a public holiday precede or succeed such a weekend, then the public holiday shall be deemed to be included in such a weekend;

A.3.2    Every alternate April and September school holiday provided that, should the Defendant have the minor children during the April holiday in one year, then the Plaintiff shall have the minor children during the September holiday in the ensuring year;

A.3.3    During one half of the June/July school holiday, provided that should Defendant have the minor children during the first half of the holiday in one year, then the Plaintiff shall have the minor children during he second half of the holiday in the ensuring year;

A.3.4    During one half of the December/January school holiday, provided that should Defendant have minor children during the first half of the holiday in one year, then the Plaintiff shall have the minor children during the second half of the holiday in the ensuring year, the purpose of same being to ensure that Defendant and Plaintiff alternate contact with the minor children over the Christmas and New Year from year to year. The first part of the holiday shall terminate, and the second part of the holiday shall commence at 17h00 on 28 December of each year.

A.3.5    The Defendant may have the minor children for a reasonable period on Defendant’s birthday, and on each of the minor Children’s birthday.

A.3.6    In the event that Defendant’s or one of the minor children’s birthday fall during the time that Plaintiff has contact with the minor children, then in that event the Defendant shall be entitled to have the minor children for a reasonable period on that day.

A.4.     Both parties shall remain involved in all aspects of the minor children’s life, including schooling, extramural activities and general welfare. The parties shall agree that decisions regarding the minor children’s enrolment on any school or tertiary education; and the minor children’s choice of education subjects and extra mural activities;

A.4.1    Any elective medical treatment that may be required by the minor children which shall not include the minor children’s day to day medical care or emergency treatment;

A.4.2    Any significant change in the rearing of the minor children with regard to religious beliefs;

A.4.3    Any decision to remove the minor children from the GAUTENG other than for a holiday period;

Shall be made after consultation between the parties and a joint decision being made by the parties in the best interests of the minor children.  Whilst the/any minor child being in the care of one parent, that parent will make the day-to-day decisions in respect of the minor children.

A5.    Any decision regarding the minor children, as referred to in Para 4 above arising out of a dispute between the parties shall in this event be resolved by parties, who shall first attempt to resolve the dispute by referring the dispute to a third party facilitator in the form of a Child Care Expert, alternatively a family law practitioner, who shall have appropriate experience in resolving child care disputes, appointed by agreement of the parties.

A6.      Failing such agreement as stipulated above, the parties, a childcare practitioner shall be appointed by the Chairman of the South African Association of Mediators. This facilitator shall be entitled to consult with collateral sources and experts to assist in reaching appropriate decision in the minor children’s best interest.

A7.   The facilitator shall assist the parties to reach consensus regard in the issue in dispute acting in the best interests of the minor children, failing which the facilitator, shall decide the issue (which decision to be communicated to both parties in writing) and that decision by the facilitator shall be binding on the parties or an order of the Court directing otherwise;

A8.   The parties shall where reasonably practical shall advise each other timeously of all and/or any school related events and occasions and extramural activities in which the minor children may be involved, including, but not limited to, all parents/teacher association meetings and sporting and cultural activities;

A9.   The parties shall furnish each other with copies of the minor children’s school reports and any correspondence or documentation received by them, which relates to the minor children’s progress at school and/or any problems that may be experienced by the minor children.