Separating couples who have children together have a legal requirement to provide for their children, making sure that their interests are looked after. Some people choose to use a family lawyer to resolve custody disputes, especially if a separation is nasty or on unfriendly terms.
On the other hand, a lot of parents come to informal parenting plans and arrangements. These might be in the form of documents that are signed and dated or verbal agreements. The important thing to realise is that many parenting arrangements aren’t always legally binding.
In this article we’ll explore the formalities surrounding parenting arrangements, when they are legally binding, when they aren’t and the things you can do to protect yourself and your children.
Are Written Agreements Legally Binding?
In truth, informal written parenting/de facto agreements aren’t usually legally binding – even if they’re complete in the presence of a family lawyer or other legal professional. However, they do have the benefit of helping separated parents move on with their lives.
On the other hand, problems can arise if one parent decides that they don’t want to continue to follow the agreement. They can effectively do what they want, potentially disrupting both the lives of both the other parent and the children in question.
One of the best things to do is to make sure that your parenting agreements are formalised by the courts. A family lawyer will be able to guide you on the process of doing this.