After Divorce, Are Parenting Orders Always The Right Approach?

Law Blog

During a divorce, parenting orders are often seen as the default response for settling disputes over custody and visitation rights. However, parenting orders may not always be the best solution when dealing with the sensitive issue of co-parenting after a divorce. What do you need to know about this situation?

What Are Parenting Orders?

Parenting orders are a legal arrangement that set out the rights and responsibilities of each parent regarding their child's care and living arrangements. Although parenting orders can provide clarity and certainty for conflicted couples, the reality is that they can also constrain a couple's ability to manage their time with their child effectively. There may be times when parenting orders are too rigid and inflexible to accommodate changes in the parents' lives, which can lead to further conflict.

Are Plans Effective?

Parenting plans can certainly be an effective way of organizing time with children, taking into account the needs of both parents and children. Parenting plans help ex-partners to agree on arrangements themselves without involving the courts. This approach, rather than parenting orders, can be a helpful and personalized solution that addresses key issues like schedule changes, holidays, and communication without the constraints of legal frameworks.

What About Mediation?

Mediation is another valid option that couples can consider, which allows them to find a solution that can benefit both parties. Mediation involves a third party, and parents can discuss issues in a confidential setting with the aid of an impartial mediator who helps them to reach an agreement. Mediation is a helpful tool in cases when couples have difficulty communicating or maintaining cordial relations.

Are There Other Solutions?

Parents can also explore alternative types of parenting arrangements that can work better for their unique situation. For example, 'birdnesting' is a popular option where the child remains in one home while the parents take turns living in the home with the child and then alternate residing outside the home. This approach can offer the child a sense of security and minimize the disruption of the divorce process.

What's the Best Thing to Do Now?

Parenting orders can be useful for resolving disputes over custody and visitation rights. Still, they are not always the best solution for every situation. Ex-partners should consider other alternatives, such as parenting plans and mediation, to reach a better resolution post-divorce to avoid long-term effects on children. As an alternative, ex-partners should try to be patient, understanding, and supportive of each other as they navigate their new parenting roles post-divorce. It is essential always to keep the child's welfare as a top priority and work together towards the common goal of providing the best possible environment for the child. And it's always a good idea to work with an experienced family lawyer to help progress these cases. 

For more info, contact a local family law attorney.


29 August 2023

Choosing To Fight

Although I am far from perfect, I have focused on abiding by the local laws for the vast majority of my life. Unfortunately, about five years ago, I realized that I was being accused of a crime that I didn't commit. I thought about letting the trial run its course, but then I realized that fighting would be important to ensure my future. I teamed up with a great lawyer, and things became much easier overnight. My legal counsel told me what to do and what to avoid, and he was able to prove the facts in a court of law. This blog is all about choosing to fight charges.