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Parenting Plan & Chamber Book order
Parenting plans are consensual and set out conditions for such aspects as parenting roles and visiting times, responsibilities for medical and financial matters. A dispute resolution channel is always a necessity. Chamber Book application is an express order and can be granted in the judge’s chambers.
Co-holders of parental rights
The courts these days encourage parties with children to enter into a “Parenting Plan” setting out how to exercise their rights of care and contact. They encourage a situation post-separation/divorce where the parties will be “co-holders of parental rights and responsibilities”. For some divorces no parenting plan was set up, and this can be rectified by means of a chamber book application.
Chamber book application
The easiest way to have a signed Parenting Plan made a court order is by means of a so-called “Chamber Book Application”. This is an application drafted by an attorney which would basically read as follows:
“Be pleased to take notice that application is hereby made through the Chamber Book whereby it is requested that:
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The attached Parenting Plan, annexed hereto as Annexure “A” be made an order of court.
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Alternative relief.
Take notice further that the Affidavit of John Black is annexed hereto in support of this application.”
Affidavit & Parenting Plan annexed
The signed affidavit would be annexed to the application as well as the signed Parenting Plan. The bundle to be submitted to court would also have an affidavit to be signed by the husband/wife confirming the first affidavit. In the example above, the affidavit of “John Black” would basically state his address, where he resides, that the respondent is his ex-wife “Rose Black” (for example), and would then state the date of divorce and case number. A copy of the divorce order would be annexed to the affidavit and then the applicant would make the averment that he and “Rose” signed a Parenting Plan which they want to be made a court order, and asking for the relief set out in the Chamber Book Application.
The affidavit of “Rose Black”, a so-called “confirmatory affidavit” would usually be at the end of the bundle. It would basically confirm that she is the respondent and here she would aver that she has read the affidavit of “John Black”, and confirms the contents of what is averred there as far as it relates to her.
Who drafts the application?
Usually the Chamber Book Application would be drafted by the same attorney who drafted the Parenting Plan. If that attorney’s client has already signed the Parenting Plan, the bundle would be served on the other attorney with the affidavit (unsigned) for signature by the other party. If, however, both parties were unrepresented and not really on good terms or speaking terms at all, it would no doubt be difficult to sort out this procedure.
Parenting plan not order of court yet
Ideally, once a Parenting Plan is signed by both parties, it should be made a court order. If it is signed by both parties and not made a court order, it is still valid, but more difficult to enforce. A court order is first prize.
Serving family advocate
In any court pleading involving an application where there are minor child(ren) involved, service must also be effected on the offices of the Family Advocate. The Chamber Book Application for a Parenting Plan to be made a court order is no different, and service of the application must also be effected on the Family Advocate.
Submisson to court
Once both parties have signed their affidavit, the application would be submitted to court and one of the attorneys would approach a judge in his chambers and request him to have the Parenting Plan made a court order.
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