Parenting Agreements

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What is a Parenting Agreement?

If your relationship ends and you have children, you will need to agree where your children live.  You will also need to decide how much time they spend with each parent.  This is called making ‘child arrangements’.

Child arrangements are usually an informal agreement, but it can help to write them down.

You may have to go to Court if you cannot agree the arrangements, or if there are concerns around domestic abuse, or other safeguarding issues such as neglect, or emotional harm.

Reasons to make a Parenting Agreement

A Parenting Agreement can help because it shows clearly what arrangements and actions you have agreed to meet the needs of your child.  Agreeing a plan can avoid you having to go to Court to reach such an agreement or have arrangements ordered by the Court.  Agreeing a plan shows you are putting the child first and will always act in their best interests.

The benefits of making a Parenting Agreement together include: –

  • refocusing on the needs of your child;
  • giving your child a sense of stability and security;
  • helping everyone involved know what is expected of them;
  • creating a clear agreement to refer back to; and
  • setting out practical decisions about your children, such as living arrangements, education and health care.
  • Agreeing where your children live.

Things to consider

When you are deciding, you should try and think about:

  • who has the most time to care for the children, and on which days – so you can make sure the children spend quality time with each parent.
  • the things your children do – for example it might not be best for them to stay somewhere a long way from their schools on a school night.
  • things that could happen in the future – for example if they might change schools, make sure they can get to their new one easily on a school night.
  • If they do not live with you, the amount of time your children stay with you might affect how much maintenance you have to pay.  For example, you can pay less maintenance if they spend 1 night a week at your house.  This is to make up for the money you will spend looking after them.  You can find out more about how much you must pay towards looking after your children on https://www.gov.uk/calculate-child-maintenance.

When you are agreeing where your children will stay, you should also work out how you will keep in touch with them when they are staying with your ex-partner.

If you move away from your children, agree how you will keep up contact.  You could ask your ex-partner to split travel costs or meet you somewhere with the children.

You will also need to consider how to get in touch with each other in case of emergencies.

Parenting Agreement

We can prepare a parenting agreement in a document reflecting the agreements you have reached with your ex-partner/ex-spouse.  It will be useful to refer back to this document in the future, if you can’t remember what you agreed or if something is not working.  You will both need to sign the document each retaining a copy.  This document can be updated and amended at any time in the future should changes need to be made as the child gets older.

We can assist you in reaching an agreement with your ex-partner/ex-spouse and prepare a parenting agreement reflecting any agreement reached.  We can also update/amend an existing parenting agreement.

Is a Parenting Agreement legally binding?

Technically, no.  This is because it is not an order made by the Court.  However, it will constitute a legal document.  The Court has an overriding objective, known as the “no order principle”.  Therefore, the Court will not make an order relating to a child unless it is necessary to do so, and it would be in the child’s best interests.  This means, that if you reach an agreement with your ex-partner/ex-spouse, the Court would be reluctant to make an order, as the Court would not deem it necessary or in the child’s best interests where matters are agreed.

It should be borne in mind that often any arrangements that are made and agreed do have to be altered, so there needs to be a degree of flexibility in any arrangements made for a child.

Family law team

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