COVID-19 Lockdown Update: Parents Can Now Exchange Children - But Only With a Parenting Plan

Can parents exchange children during lockdown in South Africa?

Yes - under specific conditions. A government update gazette on 7 April 2020 now allows parents in South Africa to move children between households, but only if they have a court-approved Parenting Plan or Parental Responsibilities and Rights Agreement. This is a change from the original lockdown directive that prohibited any movement of children between co-holders of parental rights under Gazette 43182.

Original Directive (Gazette 30 March 2020)

Under the initial lockdown regulation:

• Movement of children between parents was prohibited

  
  

• Children were to remain with the parent they were with when lockdown began

  
  

• Parents were encouraged to explain to their children that the restriction was temporary

  
  

• Contact was only allowed through electronic communication (WhatsApp, phone calls, Skype)

  
  

Updated Directive (Gazette 7 April 2020)

Under Gazette 43213, Section 6 was amended to allow for the movement of children under the following conditions:

1. The movement must comply with either:

   
   

   • A court order, or

   • A parenting plan or parental responsibilities and rights agreement registered with the Family Advocate

     
     

2. The parent transporting the child must carry a certified copy of the order or agreement.

   
   

3. The household the child is moving to must not have anyone infected with or suspected of having COVID-19.

   
   

Opportunity and Guidance for Mediators

The lockdown presented both a challenge and an opportunity for family law mediators. With courts not processing new cases during this period, mediators played a critical role in helping parents resolve disputes.

Recommendations for Mediators:

• Use virtual mediation platforms (no in-person meetings)

  
  

• Avoid mediating via email - use live video conferencing

  
  

• Draft electronic Parenting Plans and share with both parties

  
  

• Submit Parenting Plans to the Office of the Family Advocate and Courts once they reopen

Mediators who help parents reach agreements during the lockdown can significantly reduce future court backlogs. Courts are expected to prioritise uncontested, mediator-settled Parenting Plans post-lockdown.