You may have heard of the concept of nesting in the media or when researching separation and mediation, but you are unsure of what it actually means. Nesting is a process in which parents are able to separate without uprooting their children and instead move out of the family home on a rotating basis.

The advantages of nesting during divorce proceedings

There are no set rules or ‘one size fits all’ approach to nesting and instead families are able to focus upon their own circumstances and set their own practice. There are many advantages to this form of co-parenting, including:  Firstly, financial management is easier as parties maintain the marital home and rent a small apartment close by. Secondly, stability for the children as they can remain in one house and area. Thirdly, emotional management as parents who are able to co-parent respectfully will typically have less conflict and disputes.

The challenges of nesting 

This type of co-parenting arrangement will not be suitable for all separating couples however, as its disadvantages include:  Firstly, financial management, with increasing cost of living, parties may not be able to afford to rent and make mortgage repayments.Secondly, it can be confusing for young children having parents move out rotationally.Thirdly, it may prolong emotional issues and cause further resentment and conflict.Finally, issues with boundaries and privacy as parents can ‘drop’ the kids to the other when they want to go out.

When to avoid nesting

Additionally, this form of arrangement will not work for couples experiencing violence, abuse, extreme conflict or those who do not have significant financial means. Additionally, nesting is unlikely to work in the long-term as a divorce or separation is an uncoupling of lives and parties may want to go their separate ways.Nesting is a good short-term solution which allows stability and emphasis upon the children. However, even when parties are cohabiting, a parenting arrangement may still be needed. We highly recommend seeking legal advice from our Family Lawyers if you are considering nesting during divorce proceedings. To discuss your Family Law matter and find the best option for you, please contact our Sydney Family Law team on 02 9891 6388.

New South Lawyers’ communications are intended to provide commentary and general information. To that end, people should not rely on this communication as legal advice. Accordingly, they should seek formal legal advice for matters of interest arising from this communication.

To find out more, chat with a member of New South Lawyers' Family Law Team today.