Lesson 7 of 8 - evolve and enjoy a high-nurturance stepfamily

Create Effective Legal
Co-parenting Agreements

Avoid disputes and costly legal battles

By Peter K. Gerlach, MSW
Member NSRC Experts Council

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The Web address of this article is http://sfhelp.org/sf/agree.htm

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        This is one of a series of lesson-7 articles on how to evolve a high-nurturance stepfamily. These articles augment, vs. replace, other qualified professional help. The "/" in re/marriage and re/divorce notes that it may be a stepparent's first union. "Co-parents" means both bioparents, or any of the three or more related stepparents and bioparents co-managing a multi-home nuclear stepfamily. 

        This article assumes you're familiar with...

  • the intro to this educational Web site and the premises underlying it

  • Self-study Lessons 1-7

  • why ex-mate legal battles are always destructive,

  • basic factors that shape ex-mate relationships; and...

  • these Q&A items about ex mates

What's the Problem?

        A divorced Mom and Dad who consult me by court order have been at a bitter parental impasse for over a year. the non-custodial Dad angrily accuses his ex wife of arrogantly refusing to "obey" the paren-ting agreement they signed in court and dictating how and when he is able to contact their five-year-old daughter.

        She angrily accuses him of being "self-centered, intrusive, out of control, stuck," and "way too rigid in interpreting the parenting agreement, and using it to 'force me' to do things that don't fit our current cir-cumstances" to "punish me her for divorcing him."

        She got the court to issue two orders of protection against him for alleged threats of visitation-rela-ted violence to her. These enraged him as "totally unjustified and insulting," and were later each vacated. Her attorney got the court to order her ex to attend an "anger management class," which he did at his own expense. He says "It was worthless," though admitting "I've probably said some things (in anger) to her that I shouldn't have."

        These troubled, unaware parents are currently using the court to force each the other into compliance - which is inherently aggressive and disrespectful. They each claim there is no alternative, and the court battle is solely the other parent's fault.

        Their prior marital injuries and the new ones from suing each other will take years to heal, and hinder each of them in trying to forge a healthy relationship with a new partner. Their vulnerable little daughter is the tragic victim of this complex scenario, just as each parent was victimized as a vulnerable psychologically-neglected child in a low-nurturance family.

        The court has ordered them to make visitation exchanges at a local police station, to minimize the chance of mutual outbursts. The father bitterly complains that his ex and their lawyers have cost him $25,000 on top of their divorce settlement, so that he is now "broke" and "on anti-depression medication."

        In my compassionate opinion, these (typical) parents (a) each genuinely love their daughter, and (b) are relentlessly accumulating stress for the core reasons outlined below. Neither they, their several attorneys (including a Guardian ad Litem (GAL) representing the little girl) or the presiding domestic-court judge know these reasons, or what to do about them.

        Since 1981, I've worked with hundreds of divorcing families and stepfamilies who describe insoluble disputes about co-parenting agreements as their "biggest problem." Many of them have resorted to hiring lawyers to try and force the other co-parent/s into compliance - inevitably making the stress in and between their homes worse. This article summarizes what I've learned about such conflicted co-parents, and suggests how to avoid or reduce disputes over "parenting agreements."

        Regardless of their reasons for divorcing, many co-parents have trouble co-creating, using, and maintaining effective informal and legal co-parenting agreements. Where true, this usually spawns complex webs of related conflicts in and between co-parenting homes, before dependant kids leave home. In the worst case, co-parents hire attorneys to force their ex mate to comply with their child-raising values and needs - a lose-lose-lose decision.

        This can be even more stressful if one co-parent has filed for restraint or protection against the other co-parent. Major co-parental conflicts are specially likely when one or both ex mates commit to a new partner (a stepparent) who has her or his own ideas about effective child nurturance.

        This article for divorced co-parents and stepfamily adults explores...

  • What is an effective co-parenting agreement?

  • Why are parenting-agreement disputes between ex mates so common?

  • Options for (a) preventing and (b) reducing parenting-agreement disputes

  • Suggestions for negotiating an effective co-parenting agreement  

 What is "an Effective Parenting Agreement"?

        How would you describe the purpose of a parenting agreement between separated or divorced parents to a 10-year-old child? How would you explain why such agreements are needed?

        Premises: One major reason that married parents divorce is that they haven't found a consistently effective way to communicate as co-equal partners. The complex multi-year process of reorganizing their family into two co-parenting homes and lifestyles promotes new chances for ex-mate disagreements, distrusts, and disrespects. That means that in the highly-emotional area of co-parenting, major disagreements between co-parents will be likely over who's responsible for what, when, and how.

        Typical minor kids divorced parents have complex sets of normal developmental and family-adjustment needs to fill. Such kids need their caregivers to be able to cooperate filling these needs (to nurture them), despite old and current personal and relationship disagreements. If and when a stepparent enters the picture, everyone has new needs for family role and relationship clarity and consistency.

        So the main purpose of a (written, or "formal") parenting agreement is typically to document the standards by which both ex mates will behave in their common goal of raising their child/ren successfully together. When a serious dispute arises about parental responsibilities or values, an effective parenting agreement will offer explicit guidance on how to resolve the dispute well enough.

        More specifically, an effective agreement will consistently fill each parent's, and each child's current primary needs well enough - in everyone's opinion. To do this, separated and divorced parents must be able to discern their adult and each child's primary needs accurately.

        In my experience, most divorcing mates aren't able to do this - which promotes significant disputes between them and sometimes the child/ren and/or involved relatives and supporters.

        A way to test the effectiveness of a written parenting agreement is to periodically assess (a) whether anyone ever refers to it, and (b) if so, how often all adults and kids feel better about themselves and their family roles and relationships after referring to the agreement. Ineffective  agreements cause family problems. Effective agreements help to permanently avoid or resolve them.

 Why are Parenting-agreement Disputes So Common?

        I propose that there are often up to nine or more interactive reasons. One or both ex mates...

  • were often ruled by a narrow-minded false self without knowing it or what that meant; and...

  • weren't clear on their parenting needs and values in the first place, and/or...

  • signed the legal agreement to end the stressful court proceedings without genuinely agreeing to parts of the contract, and/or they...

  • were forced to agree because the negotiation process stalled, and a judge declared the agreement in effect without the full agreement of one or both parents; and/or they...  

  • couldn't cooperatively update the agreement to adapt to family changes like kids changing schools, locations, primary dwellings, or activities. And/or one or both ex mates...

  • are unaware of sending disrespectful (inflammatory) "1-up" messages to the other co-parent by using the agreement to force their former partner to comply with their needs and values (if you don't do __, we're going back to court!"); and/or...

  • the original parenting agreement didn't plan to include the needs and responsibilities of one or two future stepparents and possible stepsiblings and proactive step-relatives; and/or...

  • one or both ex mates unconsciously need to use the agreement to get revenge, punish, "win," and/or justify excessive contact; and finally...

  • typical conflicted co-parents have no accessible media resources or local professionals which can (a) identify these care problems accurately, and (b) offer effective advice on how to avoid or reduce them. 

        These common sources of post-divorce parental disagreement are all symptoms of the real reasons for conflict between ex mates and any new stepparents: they are unaware of, and/or unable to resolve, up to nine post-divorce relationship barriers:

        The two primal reasons are unseen psychological wounds + adult unawareness (lack of basic knowledge.) Once a co-parent (a) becomes aware of, and (b) accepts responsibility for these two conditions and their results, s/he can start to reduce them over time for their and their kids' sakes. In my experience since 1981, few divorced mates are able to do this without informed help.

A corollary is that few attorneys, mediators, therapists, and domestic-court judges can name or describe these nine barriers, or advise ex mates (and any stepparents) on how to reduce them over time. I propose that they each have a moral responsibility to correct this, once they're aware of it.

        The common tragic results are (a) co-parents and other involved people keep focusing fruitlessly on the surface issues ("You must take Jenny to church every Sunday!"), (b) the underlying primary problems (above) fester and grow, and (c) minor kids' needs go unfilled, (d) forcing them to evolve psychological wounds to survive their low-nurturance environment.

        This is a pretty gloomy picture, isn't it? The good news is - once aware of the concepts above, co-parents really can reduce their core problems and raise their multi-home family's nurturance level over time. How can they (you) do this?

 Continue with Options for resolving parenting disputes...

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Updated March 07, 2010