Co-Parenting After Separation: The Legal Issues

Parents' separation is an emotional challenge for the whole family, and especially for the children. Alongside the emotions, parents face legal questions. As a family lawyer and mediator, I see how important it is to handle them well.

A parenting agreement

Even when the parents are not married, it is important to set out the co-parenting arrangements in a written agreement. The agreement sets out how responsibilities are divided and how decisions are made, and prevents disputes later on.

Parental responsibility and custody

Both parents are the children's natural guardians, also after separation. They make major decisions together, on matters such as education, health and place of residence, regardless of where the children live.

Shared custody means the children divide their time equally, or nearly equally, between the two homes. Parenting time is set according to the children's needs and the family's way of life.

Young children

The law includes the "tender years presumption", under which children up to age 6 stay with their mother unless there are special reasons to order otherwise. This presumption can be rebutted. In recent years the courts have increasingly ordered extensive parenting time with both parents, and sometimes shared custody, at young ages as well. The decision is based on the particular needs of each family, and above all of the children.

Child support

Child support is set according to the children's needs, such as age, health and education, and according to each parent's financial means and the division of parenting time. It is worth including in the agreement a mechanism for updating support when financial circumstances change.

Read more: Child Support After Family Appeal 919/15

A dispute resolution mechanism

It is advisable to include in the agreement a mechanism for resolving future disagreements, such as mediation. This lets the parents reach agreement cooperatively, without going to court every time.

In summary

Co-parenting after separation requires planning and care. Guidance from a lawyer or mediator can help you build a responsible and respectful arrangement centred on the children's best interests.

For a consultation: Maya Kedem, Adv., Attorney and Mediator · +972-54-775-7505

This article provides general information, is current as of its publication date, and is not legal advice or a substitute for consulting a lawyer.