Co-parenting

What is co-parenting?

Co-parenting is the arrangement where a child lives alternately with both parents after the divorce. Both parents participate structurally in daily care and upbringing. Co-parenting is not a legal term, but a practical implementation of parental custody and the care arrangement.

The law requires parents who have joint custody to draw up a parenting plan upon divorce. This document establishes the practical agreements regarding co-parenting. If a parenting plan is missing, the court cannot grant a divorce.

You can read more about the requirements and content of the parenting plan on the corresponding page.

How is co-parenting implemented in practice?

Co-parenting takes various forms. The most common are:

• Week-on, week-off arrangement: the child stays with one parent for one week and with the other parent the following week.
• Two-two-three arrangement: the child changes residence every two or three days.
• A fixed weekday arrangement where the child lives with one parent during the week and with the other during the weekend.

Depending on circumstances, such as the age of the child, the distance between homes, and the work situation of both parents, a distribution is chosen that is in the best interests of the child. The court assesses whether the arrangement is workable and in the child’s best interests.

What is the procedure for co-parenting?

1. Parents jointly draft a draft parenting plan, preferably with the guidance of a lawyer or mediator.
2. The parenting plan is submitted as an attachment to the petition for divorce.
3. The court assesses whether the parenting plan meets legal requirements and whether the agreements made are in the best interests of the child.
4. After approval by the court, the parenting plan becomes part of the court order and is therefore legally binding.
5. In the event of a change in circumstances, such as a relocation or a new relationship, the parenting plan can be adjusted, either through consultation or via the court.

In many cases, the procedure takes place without a hearing if both parents have reached an agreement. If this is not possible, the court decides based on the best interests of the child.

What if parents cannot agree on co-parenting?

Consultation and mediation

If parents cannot reach an agreement among themselves, mediation can offer a solution. A mediator facilitates the conversation and helps in making agreements that are workable for both parents.

Legal procedure

If mediation fails, a parent can request the court to establish a care arrangement. The court weighs the interests of the child, the willingness of both parents to cooperate, and practical feasibility. Co-parenting may be rejected if communication between parents is so disrupted that it is harmful to the child.

Modification of an existing arrangement

An established care arrangement can be modified if circumstances have changed significantly. This can be done by mutual agreement or via a petition procedure at the court. Depending on the circumstances, a lawyer can advise you on the likelihood of success for a modification request.

Co-parenting and child support

Co-parenting affects the calculation of child support. If both parents care for the child almost equally, the child’s needs and the financial capacity of both parents are calculated differently than in a single-parent situation.

Depending on the circumstances, it may be that with an equal distribution, little or no child support is due. This depends on the income of both parents and the actual distribution of costs.

Co-parenting in international situations

If one of the parents wishes to move abroad or if parents live in different countries, co-parenting involves the rules of international family law. Relocating the child’s place of residence abroad generally requires the consent of the other parent or the court.

In international matters, additional rules regarding jurisdiction and applicable law apply. A lawyer specializing in international family law can assess which law applies and which court has jurisdiction. Given the complexity, a second opinion is strongly recommended in these types of cases.

Based on Real Cases

In a case we handled, both parents wanted to remain actively involved in the upbringing of their two children after the divorce. The parents disagreed on the distribution of care tasks and the choice of school. By mapping out the issue and weighing the interests of both parents and the children, a parenting plan was drafted and approved by the court. The arrangement provided for a week-on, week-off distribution with clear agreements on holidays and school choice.

Relocation of the other parent

In another case, a parent requested a modification of an existing co-parenting arrangement following the relocation of the other parent. By carefully identifying which adjustments were workable for the children, a new arrangement was established without the need for a hearing.