Government has approved other additional regulation amendments related to the movement of children under co-parenting during the COVID-19 national lockdown.
Social Development Minister Lindiwe Zulu, who made the announcement, says these changes are only applicable to the movement of children where a court order for such move has been granted already.
She says the movement of children has to be registered with the family advocate.
In terms of the regulations, not all co-parenting parents will be permitted to allow their children to move from one partner to another because the rules prohibit that.
The amendments only apply where there is an existing court order that legally allows the movement of children between the two co-parenting parents.
Children’s rights advocacy group, Molo Songololo, has welcomed the move.
Molo Songololo Director, Patric Solomon says if the changes are intended to protect the interests of the child, they are happy with that.
“The schedule is very, very clear. If there is a court order, that court order must be effected. If there is not, then you can’t move a child. But also, it also tries to protect children. So, I think the whole intent is to protect the children and I think that is what we need to welcome and that’s what Molo Songololo is welcoming.”
Theron&Theron law firm dealing with family cases involving children and divorces believes that legislation-wise, the COVID-19 has created a new challenge.
Director Shando Theron says while he believes there have been conflicting messages from the government about co-parenting matters, he does understand the challenge faced by government.
In the video below, Theron says government is facing a challenge when it comes to the issue of co-parenting:
“It’s uncharted situation. There has been contradictory messages that have come up from government. We have heard the Minister of Justice on March 26, issuing certain directives saying the parenting plan should be adhered to during this time, and then on the 30th, Lindiwe Zulu, the Minister of Social Development stated that children are prohibited from moving around. I think the bottom line here – the constitutional imperative – is that the best interest of the child is paramount to all matters concerning the child.”
The minister says the directives come into effect on the date of publication in the government gazette.
Below are other amended COVID-19 regulations:
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