DIVORCE/SEPERATION
OPTIONS & VOICE
OF THE CHILD
We will structure a packaged for your needs, with regards to the following:
- Alternatives agreement outcome
- Parenting Plans with “Voice of the Child”
- Financing options are available
Our Team Process
In the instance of an uncontested break-up the following process will take place:
- Pre-Mediation (Caucus): One on one meeting with each party to determine the issues and solutions
- Mediation: Meeting with both parties discussing the issues at hand – Outcome: Settlement Agreement (Alternative Dispute Resolution – Both parties are in control of the outcome)
- Where a child/ren are involved the Voice of the Child is mandatory: That due regard and due consideration be given to any views and wishes expressed by the child.
- Qualified VOC therapist (Psychologists/Social Worker) will have at least three VOC sessions with the child.
- The VOC therapist will give verbal feedback to the parents and mediator/s.
- The VOC report plays a big role when reaching the final settlement agreement.
- When there is a need for therapy: In certain cases one or both parties may be referred to qualified therapist to work towards the “unique solution”
- Once a settlement is reached a Memorandum of Understanding (MOU) will be drafted and signed off by both parties.
- Parenting Plan: To strengthen the MOU a parenting plan will be discussed and agreed upon.
- The MOU will be referred to FAN appointed lawyers: The final settlement agreement will be drafted and signed by both parties t be presented to the court.
- The signed Parenting Plan will be attached to the final settlement agreement and presented to the Children’s Court
MEDIATION & PARENTING PLANS
- Unique solution process
- Fast and cost effective - within 6 months under R20000
- Team Process & Family Focussed Professionals
- We support parents taking responsibility for their decisions
- Mediation includes mandatory “Voice of the Child”
- We initiate Child Focussed Collaborative Mediation
Family Assist focuses on:
- The willingness of both parties to engage in discussions in order to find unique solutions.
- Divorce mediation is fast and cost effective, usually conducted in multiple sessions (often between four to six sessions) of one to two hours each lead by a divorce mediator. The parties themselves control the outcome of the divorce mediation process with the mediator merely assisting the achievement of consensus. With the parties in control it leads to a fast and cost effective process.
- Family Assist Network has a team of qualified professionals including; Voice of the Child therapists, lawyers and mediators that ensures the process is complete within 6 months.
- The mediator can adapt the divorce mediation process in accordance with the needs of the parties and the nature of the disputes between the parties. The final settlement agreement will be determine by the parents, this allows the mediator to support the parties taking responsibility for their decision as they came up with the unique solution to their situation.
- Part of the process where children are involved includes mandatory “Voice of the Child” That due regard and due consideration be given to any views and wishes expressed by the child.
- Where children are involved the main focus to a unique outcome is to focus on the needs of the children. The mediator will initiate child focussed collaborative mediation, always focussing on the following:
- Is the outcome to the best interest of your child
- Is the discussion focussed on the needs of the child
The concept of a parenting plan is arguably one of the most useful legal instruments introduced by the Children’s Act 38 of 2005, purposely designed to lead parents through the emotionally charged quagmire of a messy breakup of a previously trustful relationship. Such a plan becomes pivotal to govern expectations and delineate rights and responsibilities, especially in the critical first 18 months after separation when nerves are exposed, egos are triggered, and communication may well have deteriorated to a point of complete standstill.
The parenting plan is the subject of regulation in ss 33 to 35 of the Children’s Act and the legal milestone that brought much needed clarity to this somewhat fractured section of South Africa’s (SA’s) family law. The Children’s Act was instrumental in incorporating and replacing an array of separate legal mechanisms, including –
- the Children’s Act 33 of 1960;
- the Age of Majority Act 57 of 1972;
- the Child Care Act 74 of 1983;
- Children’s Status Act 82 of 1987; as well as
- the Guardianship Act 192 of 1993.
SUPPORT
- We provide support with regards to the following:
- Life Coaching
- Parental Coordination
- Counselling
- Post-divorce
- Maintenance
- Reunification with parents
- Co-Parenting Guidance
ABOUT US
MISSON
To assist children, adults and families through emotionally challenging times by providing a holistic bouquet of professional support services within the various disciplines involved.
To be driven by acting ethically, with integrity and empathy to empower the client(s) to move into new beginnings.
VISION
To be recognised as the most efficient and
effective professional network of service
providers and partners, that assists families
through trauma, separation and/or divorce.
To become a household name in South
Africa and the preferred multi-disciplinary
services network in Alternative Dispute
Resolution.
Raising awareness and to educate the public on the benefits of the cost effective and less stressful CHILD-FOCUSED COLLABORATIVE MEDIATION PROCESS.
Constant development and training of our professional network, service providers and partners across the various disciplines (Mediators, Attorneys, Social workers, Therapists, Facilitators, Life coaches, Educational Psychologists, Mentors, Counsellors and support professionals in the medical and financial fields).
Cooperation with and the fostering of strong professional relationships with the Family Advocate, the Family and Divorce Courts and other judicial and/or governmental role players.
