Benefits of Access and Custody Arrangements by Agreement
In general, if arrangements for custody and access can be made by agreement, or in mediation, it is a calmer and less stressful process than going to court.Mediation can be particularly helpful in coming to an agreement on these issues.
Deciding by agreement, whether between the parents or using a mediator, allows the parents to decidewhat is best for their family in its new form. The agreement can then be made an order of the court and becomes legally binding.
The alternative is to hand these decisions over to the Court which has no knowledge of your family but must make decisions about it if you cannot.
Legally Binding Arrangements
Arrangements for custody and access for separating and divorcing couples become legally binding when either the deed of separation (separation) or decree absolute (divorce) is formalised.
Where the parents were not married, the access and custody orders provide certainty about the arrangements and are binding, that is, the parents must comply with them.
If Court Orders are in place, but are not complied with by the parties, they can be brought back to the court for being in breach of the order. Orders can be varied by the court if circumstances change.