SECTION 22 AGREEMENT
A Section 22 Agreement is a formal agreement in terms of the Children’s Act 38 of 2005 that allows a parent or guardian to assign certain parental responsibilities and rights to another person.
These agreements are commonly used where another family member or caregiver plays a significant role in the care and upbringing of a child.
When Might a Section 22 Agreement Be Appropriate?
Every family structure is different.
In some situations, grandparents, extended family members, or other caregivers become actively involved in the daily care, support and stability of a child. A Section 22 Agreement can assist in formally regulating these arrangements in a clear and child-focused manner.
This may include matters relating to:
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Care and contact arrangements
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School holidays and visitation
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Day-to-day caregiving responsibilities
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Medical or educational decision-making
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Financial contributions and maintenance-related arrangements
Why Formalise the Arrangement?
Informal arrangements often work well — until uncertainty or conflict arises.
A properly drafted Section 22 Agreement helps:
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Clarify expectations and responsibilities
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Reduce future disputes
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Create stability for the child
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Ensure that all parties understand their respective roles
Where appropriate, the agreement may also be made an order of court.
A Child-Focused Approach
The primary consideration in any Section 22 Agreement is always the best interests of the child.
The purpose of the process is not to replace a parent, but rather to create practical and legally recognised arrangements that support the child’s care, wellbeing and stability.
Mediation and Section 22 Agreements
Mediation provides a constructive environment in which families can discuss sensitive caregiving arrangements calmly and collaboratively.
Where parties are willing to engage constructively, mediation can assist in creating clear, workable agreements tailored to the unique needs of the child and family structure involved.
👉 Contact me to discuss whether a Section 22 Agreement may be appropriate in your situation.
