By Peter Wilkinson Divorce Lawyer at Chambers Fletcher Solicitors
Whilst this is definitely not an article on ornithology the concept of birdnesting in divorce gets its name from bird parents who keep their chicks safe in a nest and alternately fly in and out in caring for them.
Birdnesting, in the context of divorce, is a co-parenting arrangement where parents take turns residing in the family home with the children while the other parent lives elsewhere.
The children remain in their familiar home and the parents rotate in and out, aiming to minimise disruption and maintain a sense of stability for the children.
The primary goal is to keep the children’s environment as stable as possible during a divorce/separation. This minimises disruption for them and provides them with the security of knowing they get to sleep in their own bed each night. In cases where birdnesting is agreed it is typically treated as a temporary solution while longer term living arrangements are being worked out.
One parent lives in the family home with the children while on a rotational basis the other resides/stays temporarily elsewhere. The children’s home remains the same providing a sense of security for them during an otherwise unsettling time.
However, there are some obvious challenges with this sort of arrangement. For it to work there must be effective communication between the parents. There must be mutual trust, but which is so often absent in divorce, and careful thought needs to be given to meeting/sharing the expense of the arrangement – the expense of the family home and perhaps also the expense of living elsewhere depending on where elsewhere is.
Birdnesting can be a viable co-parenting temporary option for some families. It’s obviously not for everyone, probably not for most, but it might be worth a try for some. It requires careful planning, open communication and a willingness on the part of both parents to work together.
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