If a child custody agreement can be reached between parents without the need to go to custody court that is the best option for all concerned.

Agreement between parents out of court

The best option in many instances is for the parents to reach agreement outside the clutches of the court and this can be greatly assisted with the help of lawyers, mediators, counsellors and other professionals.

Informal child custody negotiations

It is possible to negotiate an agreement to agree custody arrangements and visitation rights without the help of any outside professionals.

But sometimes passions run so high that it can be helpful to engage the services of a lawyer or other professional who will deal with the matter in a more dispassionate way which will also minimise stress for parents and child.

Even if you do manage to come to an agreement you really should have this agreement reduced to paper and finalized by an attorney.

Alternative dispute resolution and child custody

Alternative dispute resolution has grown in importance as an option and relies heavily on the willingness of the parents to come to an agreement and engage meaningfully in the process.

Mediation figures large within this category and involves the parents playing a large part in the attempt to come to an agreement.

Child Custody Mediation

Mediation is non adversarial where a mediator meets both parties and assists them in coming to an agreement but the mediator does not impose a solution or judgment-it is left to the parents to do this with the mediators assistance.

Mediation is an attractive option if both parents embrace it with some enthusiasm and is faster and cheaper than the alternative of litigation which can be very costly and run for some considerable time.

Mediators should have considerable experience in mediation and would be well used to the bitterness that can be associated with an issue such as child custody; the mediator will act as a go between both parents in the early stages of the process if the degree of bitterness between parents is such that they find it impossible to engage in a mature way.

If an out of court agreement is arrived at, either through informal negotiation between parents or through mediation or other alternative dispute resolution mechanism, then this agreement should be reduced to paper and brought to court for it’s ratification and final seal of approval.

Once the judge is satisfied that both parties have engaged willingly and understood the significance of the agreement then the court will rubber stamp it and the agreement becomes a binding court order(decree) with the knock on legal consequences if it is not abided by.