Legal advice on parenting plans in the event of divorce


Questioner

My wife and I are getting divorced. In a conversation with a mediator about the parenting plan, it was stated that no agreements can be made based on a situation in the future: my wife stays in the house, I can only buy a new house when the divorce is settled. According to the mediator, no agreements can be made about the children's residence because I do not have a suitable home at the moment. 'You cannot legally establish what is not yet a reality.' In this context, my question is: To what extent is a parenting plan a legal document in the event of divorce?

Lawyer

I don't understand that; one can very well sketch a future situation and, based on that, establish an alternative plan which agreements are enforceable when the conditions come into effect.

Questioner

Thanks for your response, What I understand from all the information I have found about this and what I also believe I read in your answer is that a parenting plan is basically a letter of intent that one must adhere to after signing. In that sense, I can record in the parenting plan the intention to buy my own house in which I will take care of my children. Based on that, I can agree on a care plan for the children. If my wife and I sign this intention, I can be legally held to it. Withholding care for my children when drawing up the parenting plan because my home is not yet actual is not correct. I find it strange that the mediator's argument did not take into account that whether or not my wife can take over the mortgage of our house will only become clear after the parenting plan and separation agreement have been completed. Her house is therefore not actually ...

Lawyer

You have the right to contact, but the childcare facilities must be realistic and in a safe environment.

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