Shared childcare: How does it work and for whom is it suitable?

Quick overview

• Shared care only works when parents can work together.
• The court will usually not approve it if there is a strong conflict between the parents.
• The child can live with both parents alternately, but this is not a requirement.
• Child support is often not fixed; the parents make their own arrangements.
• The child’s best interests are always the key, not the parents’ preferences.

Need to set up child custody after a breakup? We can help you prepare a parenting agreement, a motion to the court and work out child support so that the agreement works for the long term.

Joint custody: How does it work and for whom is it appropriate?

Joint custody allows both parents to continue to fully exercise their parental responsibilities without strict rules about who will care for the child and when. The child remains in the custody of both parents without a strict definition of the scope of care, which requires a high level of cooperation and mutual respect between the parents. Formally, this is the same form of custody that the parents respected before the need for judicial modification arose.

Joint custody is particularly appropriate where the parents can communicate effectively and deal with issues relating to the upbringing and care of the child together. It is often chosen, for example, where parents still share a household after a divorce or where the child has reached an age where he or she is no longer fully dependent on day-to-day care.

Although joint custody may seem to be the ideal form of relationship arrangement, its success depends on the parents’ willingness to cooperate and their ability to maintain a stable and harmonious environment for the child. This model of care can be beneficial for the child as it allows him or her to maintain a close relationship with both parents, as long as the parents are able to ensure that the child’s interests are put first.

Conditions for shared care: consent and ability to agree

Joint custody is based on the parents’ agreement, which must be approved by the court. This type of custody cannot be ordered unilaterally – it requires the consent of both parents and their ability to cooperate. Joint custody requires that the parents are able to decide together on major issues concerning the child, such as education, healthcare or leisure activities, and to deal with everyday situations without court intervention.

When approving an agreement, the court first examines whether it is in the best interests of the child. It assesses the parents’ ability to reach an agreement, any conflicts between them and the overall stability of the environment they can provide for the child. If the court finds that the parents are unable to cooperate effectively, it may decide on another form of custody, such as sole custody for one parent.

In practice, we often see that parents consider joint custody to be a ‘fairer’ option, even if communication between them has not worked for a long time. The high level of conflict is one of the most common reasons why the court does not approve joint custody. The court looks primarily at the stability of the child’s environment, not at the parents’ idea of an ideal arrangement.

The ability to cooperate is crucial not only in the conclusion of the agreement but also in its implementation. Parents should be prepared to compromise with each other and to communicate openly.

If you need to set up an agreement between yourself and the other parent, we are happy to help.

Do the parents have to live together or agree to everything?

Shared custody does not mean that the parents must continue to live in the same household or always agree on all issues concerning the child. The key requirement is the ability to reach agreement on fundamental issues, not absolute agreement. The parents do not have to agree on all the details, but they must be able to address key issues such as education, health care or major changes in the child’s life with the child’s best interests in mind.

The parents may live separately, but it is preferable if their residence is not too far apart. Proximity makes it easier for the child to transition between the households of both parents. For example, if the parents live in the same village or in close proximity, schooling, leisure activities and other aspects of the child’s daily life can be better organised.

At the same time, the courts also take into account the practical functioning of custody in practice. If the parents live far apart, joint custody can be complicated, for example, by the child’s schooling or clubs. However, there is no exact distance limit – each case is assessed by the court on an individual basis according to the needs of the child.

What about maintenance in shared custody?

Joint custody differs from other forms of custody in that it ideally eliminates the need for authoritative decisions about child support. In this arrangement, the parents are obliged to provide for the child’s needs together and usually make their own arrangements for the child’s financial provision. This means that each parent pays for the costs of caring for the child while he or she has the child with him or her.

Maintenance in joint custody may be the subject of an agreement between the parents if they agree on its setting and the court finds that the agreement is in the best interests of the child. Such an agreement may, for example, reflect differences in the income of the parents or the need to compensate for the higher costs of one of them.

If the parents are unable to reach an agreement on maintenance, it is likely that the court will consider another form of custody, as joint custody requires the ability to cooperate effectively.

If you need help with representation in court or setting up an agreement, we are here to help.

The benefits and challenges of shared care for parent and child

Shared care offers a number of benefits for both parent and child. For the child, the key advantage is that he or she can continue to maintain a stable relationship with both parents and thus has the opportunity to experience both parents as an active part of his or her life.

For the parents, this model allows greater flexibility as they have more freedom in how they divide care and how they manage their time with the child.

On the other hand, joint custody places high demands on the parents’ ability to communicate and get along, which is not always easy.

The most common complications arise when parents start to differ on the normal rules of parenting or communicate through the child instead of directly with each other. It is the long-term conflicts and uncertainty that tend to be more stressful for the child than the household changes themselves.

Shared care in practice: How to do it?

The key to making joint custody work is to create a plan that defines exactly how child care will be shared, but remains flexible enough to take into account the specific needs of the family. This plan should reflect the child’s schooling, leisure activities and allow for regular contact with both parents.

Financial issues should be clearly resolved between the parents in advance. Although joint custody does not usually require the establishment of maintenance, it is a good idea to agree on how to pay for major expenses, such as education or health care. Parents may decide either to bear the costs together according to actual need or to agree on financial support from one of them.

Shared care is also based on mutual respect and the ability to resolve any disagreements without negatively affecting the child. If parents are unsure how to set up this form of custody, they can seek the help of a mediator or lawyer. These professionals can help create an agreement that minimizes conflict and promotes a smooth custody process.

A stable and safe environment with each parent is another essential aspect. The child should feel secure both physically and emotionally and have space to confide in both parents.

The child should never be at the centre of the parents’ disputes, and both parents should strive for the child’s well-being. A care plan usually includes a schedule that specifies when the child will be with one parent or the other. This schedule should be flexible and meet the specific needs of the family.

For example, in our practice we have dealt with the situation of parents who were able to agree on most issues after a divorce but repeatedly got into disputes over the child’s extracurricular activities. Only a more detailed setting of rules of communication and division of current expenses in the parental agreement helped. It is often clear rules that prevent future conflicts.

Summary

Shared custody is one option for arranging child care after parental separation that emphasizes cooperation and communication between the two parties. This model allows the child to maintain a close relationship with both parents and to maintain their active role in his or her life. The key to successful joint care is the development of a clear but flexible plan that takes into account the child’s needs, including schooling, leisure activities and regular contact with parents. It is also important to resolve financial issues in advance and to provide a stable environment for the child with both parents.