Written by: Denisha Padachey
30 NOVEMBER 2023
WHAT IS A PARENTAL COORDINATOR, AND WHEN IS A PARENTAL COORDINATOR NECESSARY?
Co-parenting after a separation or divorce can be challenging, especially when communication breaks down or relationships become strained. In such situations, appointing a parental coordinator can provide much-needed structure and support to manage conflicts while keeping the best interests of the child at the forefront.
A parental coordinator is a qualified professional who assists parents in resolving disputes related to co-parenting. Their involvement is often necessary during or after a contentious divorce or in any situation involving a minor child where co-parenting challenges persist. Parental coordinators help manage ongoing conflict, providing guidance and mediation to ensure a harmonious environment for the child.
At Burger Huyser Attorneys, our experienced family law team is well-versed in the complexities of co-parenting arrangements and parental coordination. This article explores the role of a parental coordinator, their duties, and the circumstances in which their appointment becomes necessary.
WHAT ARE THE DUTIES OF A PARENTAL COORDINATOR?
A parental coordinator provides various forms of assistance to parents, including:
- Developing Parenting Skills: Offering guidance to enhance effective parenting strategies.
- Resolving Disputes and Communication Breakdowns: Mediating disagreements and fostering communication to prevent escalated conflict.
- Ensuring Compliance with Court Orders and Agreements: Helping parents adhere to court orders, settlement agreements, or parenting plans.
It’s essential to understand that a parental coordinator’s authority and responsibilities are defined by the inter partes agreement or court order appointing them, which can limit their scope. They can also assist with implementing a settlement agreement or parenting plan and ensuring adherence to court orders post-divorce or following the resolution of matters concerning a minor child.
HOW IS A PARENTAL COORDINATOR APPOINTED?
Currently, no legislation or regulation specifically governs the appointment or authority of parental coordinators. Therefore, a parental coordinator may only be appointed in the following ways:
- Mutual Agreement: Parents may agree to appoint a coordinator verbally, in writing, in a settlement agreement, or within a parenting plan.
- Court Order: A court can order the appointment of a parental coordinator.
In the landmark case of TC v. SC 2018 (4) SA 530 (WCC), the court addressed a parental coordinator’s appointment and subsequent decision-making powers. It concluded that as the upper guardian of all minor children, a competent court can appoint a parental coordinator when deemed in the child’s best interests. The judgement makes provision for where a competent court can appoint a parental coordinator with the consent of the parties involved as well as where a competent court may appoint a parental coordinator without the consent of both parties, thus confirming the power of a court to act in the best interests of the minor child(ren).
Parental coordinators are invaluable in facilitating effective co-parenting arrangements and mitigating conflict, ensuring that the best interests of the child remain the central focus.
Whether you are navigating a complex divorce, drafting a parenting plan, or considering the appointment of a parental coordinator, Burger Huyser Attorneys is here to assist. Our experienced family law attorneys provide tailored solutions to help you manage co-parenting challenges with confidence. Contact one of our branches today to schedule a consultation and take the first step towards creating a supportive framework for your child’s future.
Contact Burger Huyser Attorneys, and book a consultation.
To speak to one of our experienced attorneys in South Africa for immediate assistance, contact us on the numbers below:
Randburg call 061 516 6878; Roodepoort call 061 516 0091; Sandton call 064 555 3358;  Pretoria call 064 548 4838;
Centurion call 061 516 7117; Alberton call 061 515 4699; Bedfordview call 061 536 3223
DISCLAIMER: Information provided in this article does not, and is not intended to constitute legal advice. READ MORE
