What is nesting and does it work?

Nesting is a form of child arrangements, which can be adopted by parents to enable the children of the family to remain living in the family home following the separation.

The parent who is not in the family home would need to stay with friends or family whilst the other parent resumes occupation of the family home. In some cases, parties agree to rent a one bedroomed property for a fixed period to provide a base for each parent when they are not spending time in the family home with the children. This is of course dependent upon available finances resources.

Why would parents consider this type of arrangement?

Nesting allows the parents to move in and out of the home rather than the children, often the goal of a Nesting arrangement is to provide stability and security to the children and to minimise the disruption that is usually caused by the separation of their parents. It allows the parents to focus on the needs of the children and to put them first.

What are the Pros and Cons of this type of arrangement?

The Pros of Nesting Arrangements

Children can remain in the family home and their daily routine does not need to change immediately following the separation of their parents.

Parents can work together for the benefit of their children and can remain equally involved in the upbringing and care of the children.

The Cons of Nesting Arrangements

The parties must be able to communicate. Trust and communication are key requirements to this type of arrangement being successful.

Nesting is usually only a short-term arrangement whilst the parties find their feet following a separation and whilst financial settlement negotiations are ongoing and/or transfer of ownership or a sale of the property is pending.

The non-resident parent will need to have somewhere else to stay when they are not with the children.

When should nesting be considered?

In most cases, this type of parenting should be considered as an option as it is a way of promoting positive parenting and it does allow the parents to put the children first.

Due to the level of communication and cooperation that is required to make this type of arrangement work the parties will need to be amicable.

Nesting is unlikely to work in situations where the separation is acrimonious, where parents wish to move out of the area or are already in a relationship with a new partner and, in cases where children are older and more aware of their parent’s separation.

Nesting can be a good alternative option to consider as a short term solution; particularly when children are very young. Nesting may also be useful where parents are shift workers.

How can we help?

The Family Law team at Browell Smith & Co have a wealth of experience in negotiating child arrangements and we aim to provide clear and tailored advice and assistance in respect of your specific family circumstances. Our team are highly experienced in this area and are able to advise and assist you in negotiating an agreement, referring to mediation and/or making an application and representing you in the Family Court should such a step be necessary.

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