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With Hartlaw LLP
When parents separate navigating decisions around looking after their children can be difficult and sometimes require more creative solutions. There is no right or wrong answer around how parents approach caring for their children post separation. One option that has become more popular in recent times is Birdnesting. In this article we look at “nesting arrangements” and the benefits and drawbacks.
Birdnesting What is it?
A ‘bird nesting’ or ‘nesting’ agreement is an agreement which enables the children of the relationship to remain living in the family home with the parents ‘nesting’ – moving in and out of the property at separate times to care for them.
This is usually used as a temporary solution while the separating parents continue to share the family home as their main residence, or where one of the parents has moved out and is yet to set up a permanent home elsewhere.
Pros of nesting arrangement
It allows the children to be able to remain in their family home in familiar surroundings, providing them with stability;
It provides the opportunity for both parents to work together, for there to be good communication between the parents and show a united and collaborative approach for the children, truly co-parenting.
It enables both parents to remain fully involved in their children’s lives and to continue to share their upbringing together; and
It enables the children to remain at their current schools and for both parents to be involved.
Cons of a bird nesting arrangement
The arrangement might be confusing for children and unsettling as they don’t understand why their parents are living with them at different times and that they are no longer together as a couple.
Parents will need another property to live in when they are not with the children or find somewhere else to stay, which could mean that they are paying for and running two or three homes;
Nesting arrangements need a large amount of trust between the parties, which makes it important for ground rules to be set. For example: What happens if either parent begins a new relationship? Who pays for food/bills when they are in the family home?
In most cases Nesting arrangements will become difficult long term and are only going to be used as a short-term/temporary plan. The Court has indicated in case law that these arrangements can work but should be seen as a short-term plan until more permanent solutions are found, and only where the parties are able to work together. Every family is different, for some, a nesting arrangement works, for others it doesn’t. When thinking about looking after your children you need to always put their best interests first. We always suggest that independent advice is sought before entering into such an agreement to find out if it is likely to work for you and importantly, benefit your children.
If you do wish to enter into a nesting arrangement, writing the agreed terms in a document which both parties can refer to and follow is important to enable both parties to know what they can and can’t do whilst in the property. This can cover the practical requirements of finances and logistics. If you require any advice or assistance in relation to bird nesting arrangements, or any other aspect of family law, please do not hesitate to contact us. Our family team can provide specialist advice and offer a free initial consultation.
Please do contact a member of our family team by calling 01937 547000 or by emailing info@hartlaw.co.uk
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