FW: Open tender for parental plan
Marius Janse van Rensburg
From: Mornay Edgar
[mailto:f4j.ea...@gmail.com]
Sent: 02 June 2008 09:33 AM
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Subject: Open tender for parental plan
Dear Parents and Profesionals.
F4J support mediation above litigation in any family separation issue in the best interest of the child. The problem in majority of contested custody cases is that the custodial parent refuse to attend mediation either through the Family Advocates Office, or with professional people like trained mediators (psychologist and social workers). This leaves the non custodial parent with no other option than to litigate.
F4J is exploring the possibility for non custodial parents to put a parental plan in a motion to court in the form of an open tender. Section 18 to 21 and 33 - 35 in the Children's Act deals with parental responsibilities and rights and covers the parental plan.
With an open tender the Judge will have seen the parental plan before the trial date, and would be in a position to rule in the best interest of the Child.Hopefully this will shift the power base from the custodian parent to the court. If the court is not sure about this parental plan in the best interest of the child, the court can then order the involvement of the custodian parent to attend mediation at the Family Advocates Office, or reports from psychologists/social workers to supply the court with additional information before the court makes a ruling.
If the court is satisfied with the parental plan he/she can make an immediate ruling.
The challenges that we currently face is that very few trained legal people(Lawyers and Advocates) know about an open vs closed tender possibility or the ones that do, have very conflicting viewpoints on this legal tactic as a means in family matters.( Remember the new Child Act is only one year old.)
F4J will need your financial assistance once again to engage the services of top legal professionals who specialise in family matters to do research and construct arguments on behalf of the non custodial parent on why the court must look at a parental plan in the Childs best interest.
Details to follow once we have obtained quotes from various law firms.
Draft Parental plans can be obtained directly from us or you can engage the services of psycologists and social workers to assist you with a tailor made plan to cater for your child's needs
Feedback on last week or two
1)F4J Gauteng attended, last Thursday, the South African Law Reform Commission's workshop on compulsory mediation in all family/divorce matters. This is an excellent project which F4J National support 100%.Minutes of this workshop will be circulated in due course. Please contact Adv Praveena direct if any of you need more information regarding this project.
2)Bestlife magazine has an excellent article in the June edition on PAS ( Parental Alienation Syndrome). Thank you to all who contributed their stories.
3)Dr M O'Callaghan (F4J Cape Town) appeared on SABC 3, last Sunday in a program called Stand Up. This episode was about family responsibility.
4)Dr Asif Suleman (F4J Natal) did a radio interview on Radio 702 during the past week.
5)A journalist at Carte Blanche is looking for husbands/male partners who have experienced abuse from a female partner to put together a story for their show. Please contact Carte Blanche, Craig Kolb Tel: 012 844 0539.
Abuse is not just physical , but also psychological and financial.Punitative maintenance is financial abuse, refusing you access is psychological abuse ect.
Every non custodial parent experience some form of abuse during a separation. Please it is vital that you tell your stories. F4J can engage the media to raise awareness, but without your stories we wont be able to make a difference in family law.
6)F4J received general positive feedback from professional people like psychologists and social workers who acknowledge the importance and the positive role a father can play in their children's lives after divorce. Mums and dads make every effort to stay in your children's lives. It will only benefit your children.
--
Regards
Mornay Edgar
Fathers-4-Justice South Africa
Regional Co-ordinator (East Rand)
E-mail: f4j.ea...@gmail.com
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