Including Grandparents And Extended Family On Co-Parenting Arrangements

When families separate, parenting arrangements often focus on the two parents. In the process, children may lose regular contact not only with one parent but also with their extended family.

Grandparents, aunts, uncles, cousins and older siblings often form an important part of a child's emotional support system. South African family law recognises that a child's sense of stability and identity is closely linked to these extended relationships, and it provides mechanisms for relatives to remain involved where it is in the child's best interests.

Negotiating inclusion in co-parenting plans

Many separated parents use parenting plans to outline how they will share care and contact. While these plans typically focus on the parents, it is increasingly constructive to acknowledge extended family members from the outset. Parenting plans can specify times for visits, family gatherings or shared holidays, ensuring that children remain connected to the broader family network that supports their sense of belonging.

Including these arrangements early on reduces future conflict and provides children with a clear, consistent framework for maintaining meaningful relationships. Where agreement cannot be reached, mediation can assist the parties in finding practical solutions and keeping the focus where it belongs, in the child's well-being rather than past family tensions.

The legal position beyond parental rights

Under the Children's Act 38 of 2005, any person with a "sufficient interest" in a child's well-being may approach the Court for care or contact. This includes grandparents and extended family members who can demonstrate an ongoing, meaningful relationship that contributes to the child's emotional and social development.

These rights are not automatic. Applicants must show that their involvement genuinely serves the child's best interests, rather than advancing adult preferences or family expectations. In practice, Courts look beyond biological ties and assess the nature and quality of the relationship.

When Court intervention is needed

When contact is resisted or restricted, the Children's Court may be approached to determine whether access should be granted. The Court's primary concern will always be the child's best interests. In many cases, Courts recognise that extended family relationships provide continuity, cultural connection and emotional support during what is often a challenging transition for the child.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.