Amendment to shared custody regulations during lockdown
The Minister of Social Development on Wednesday amended lockdown regulations relating to the movement of children between parents
SHARED custody regulations, which initially prohibited the movement of children during the national lockdown, have been amended.
Minister of Social Development, Lindiwe Zulu, issued directions prohibiting the movement of children between parents on 30 March in an effort to abide by the lockdown rules and prevent the spread of Covid-19, especially among children.
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‘This prohibition of movement was never intended to limit or prohibit contact with children, but according to the Children’s Act, 2005 (Act No. 38 of 2005), the Department of Social Development is responsible for the protection of children and the promotion of their rights,’ said Zulu.
‘However, the implementation of the directions resulted in an outcry from the co-holders of parental responsibilities.’
To ensure that the rights and concerns of ‘co-holders of parental responsibilities’ are considered, Zulu on Wednesday issued a directive to amend the regulations.
Movement of children between parents or a caregiver, as defined in the Act 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 a court order, or where parental responsibilities and rights’ agreements or parenting plans are registered with the family’s advocate.
This is with the proviso that ‘there is no person who is known or reasonably suspected to have come into contact with any other person known or reasonably suspected to have contracted Covid-19 in the household which the child has to move to’.
The court order or the agreement document, or a certified copy thereof, must be in the possession of the parent or caregiver transporting the child.
These changes aim to ensure that existing parenting plans, made an order of the court and those registered with the family advocate’s office, are implemented while exercising precautionary measures that will prevent the spread of Covid-19 infection while promoting the best interests of the child/children.
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