If the parents settle down during the divorce, the parties will come to an agreement and submit it to the court for approval as a final order. The settlement is beneficial for both parents and the courts.
Most courts prefer to stay out of family matters unless there are serious circumstances such as family / domestic violence. It is a common requirement that parents take part in mediation to try to get their bearings early in the legal process. Here are some other reasons the court prefers parents to settle down during the divorce.
Here’s why the courts prefer the parents to settle down during the divorce
Dishes are already clogged
Courts handle many different types of cases, often from multiple districts. As a result, they are often overloaded.
If the parents can’t settle down, there will be a trial. Attempts are time consuming and difficult to plan. The court must set the hearing dates according to the court’s calendar and the availability of the judge, parents, their lawyers, and any other person who must be present in the courtroom. The trial itself can take days, weeks, or even months.
Settlement takes less time and resources than a trial, freeing much-needed space on the court’s calendar. If the parents settle down during the divorce, all the court needs to do is review the parent’s agreed parental plan to ensure that its terms are in the best interests of the child. In some cases, parents do not need to appear in court at all.
Parents often make procedural errors
Many parents choose to represent themselves in family law cases rather than hiring a lawyer. Because of this, they often make mistakes like filling out documents incorrectly or failing to follow legal procedures.
Court clerks can explain legal proceedings, but they cannot help parents fill out paperwork. Waiting for parents to fix their records and keep them informed of the court’s rules can prolong the legal process.
Parents who settle down may still make mistakes, but less paperwork is required overall. Parents can often choose the format of their agreement. Also, the judicial process is easier to settle than the judicial process. In a settlement hearing, the judge usually just asks a few questions to make sure the parents know what they’re okay with and that they haven’t been forced to sign the agreement.
Parents know their children’s needs better than a judge
The court makes custody decisions that are in the best interests of the child. However, evidence only goes so far as to provide insight into the child’s daily life and needs.
Resolving custody issues leaves parenting decisions to those who usually understand their children best – parents.
Parents can personalize their parenting plans to accommodate small things that the judge may not consider. For example, if the child is afraid of the dark, the plan could say that there must be a night light in the nursery. With a more detailed parenting plan, it becomes easier to deal with parenting.
It’s better for the kids
Ultimately, the courts want children to have both parents involved in their lives and to live in a conflict-free environment.
Parents who settle down are more likely to work together on all aspects of parenting. Upbringing together during divorce is considered to be the most beneficial arrangement for upbringing. It reduces the likelihood of conflict between parents and potential behavior problems in children.
Parents who settle down are less likely to return to court
When a case goes to court, the parent who doesn’t get what they want can appeal, which starts the whole judicial process all over again. Even when there is no appeal, parents often return to court because of disagreements – many of which they could resolve on their own. Additionally, making changes to the order is another potentially unnecessary trip to court.
Parents who settle down rely less on the court in general for help regulating parenting because they set the terms of their agreement and have experience of compromising.
A comprehensive parenting plan specifies how to deal with disagreements and requires periodic review of the plan to determine if changes are needed. In addition, parents often use a parenting app to propose changes, communicate and track parental leave, among other things.
It’s less emotionally charged
Emotions are high in family law cases.
Some parents treat the courtroom like a battlefield, getting out of line and airing personal complaints unrelated to the business at hand. This could make it difficult to restore order and take time to come up with the facts and evidence that the judge will consider in order to decide the case. There’s a good chance a parent will walk away disappointed.
Regulating custody is about resolving personal differences for the benefit of the child. The focus is more on compromise than on “winning”. Therefore, parents who settle down are usually consensual. They are less likely to be upset with the outcome of their case as they made their own arrangements.
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