Break the [wounds + unawareness] cycle and guard your descendents

Creating Effective Legal
Co-parenting Agreements

p. 2 of 2

Avoid disputes and costly legal battles

By Peter K. Gerlach, MSW

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The Web address of this two-page article is http://sfhelp.org/10/agreement.htm

Continued from p. 1

Options for Resolving Parenting Disputes

        If you are stressed by significant co-parental conflicts now, (a) adopt the open, questioning, unbiased "mind of a student," and (b) expect that to permanently reduce your disputes, you and related co-parents  - including any stepparents and/or grandparents - will each have to want to change some fundamental things.

        A major challenge to overcome is to accept that you have been - and are - at least half of any major child-care conflicts. The shame-based personality subselves that controlled each ex mate at the top of this article were very resistant to this.

  • Acknowledge with minimal guilt and blame that (a) your current strategy to avoid or reduce co-par-ental conflicts isn't working, and that (b) you are responsible for changing some basic attitudes, priorities, values, and behaviors that are promoting your conflicts.

      Yes, the other co-parent must want to do the same. Option: you can request (vs. de-mand) that s/he does this, and accept that s/he may not want to at this time.

  • Invest time in vividly identifying the specific benefits to you, your partner (if any), and your minor and grown kids that reducing your co-parental conflicts would bring all of you - e.g. "No more aggravating shouting matches and phone hang-ups!" Invest time in identifying each specific co-parenting conflict you feel is significant now.

        Do this without blame or excessive guilt. Then try to step into your ex mate's skin, and list what you feel s/he needs specifically relative to co-parenting. Consider that the steps below all aim to help you adults (a) identify and fill your respective needs (and your kids needs), and (b) permanently reduce the surface problems you list here.

  • Invest time in identifying your personal and family strengths. Keep these in mind as you study the ideas below.

  • Patiently study, tailor, and discuss each of these articles in order with other adults (and older kids?) involved. Expect this to take several months. Option: use this as a checklist to track your progress...

__  the four or five core stressors in most troubled families

__  this introduction to primary and secondary human needs

__  what typical kids of divorced parents need. These needs are what your parenting agree-ment should aim to fill;

__  this summary of the traits of a high-nurturance family. Use this as a checklist for (a) the family you grew up in and (b) your present family;

__  this summary of what typical kids of divorced parents need. Use this to identify what each of your minor kids, stepkids, or (step) grandkids need now;

__  this overview of co-parent Project 1: identifying and reducing false self wounds. Use this and these related articles to assess yourself for wounds, and learn how to reduce them. If your subselves choose to avoid this fulcrum step, the rest of these articles will be of little long-term help;

__  these toxic adult attitudes that can contribute to internal and co-parental conflicts

__  this perspective on wounded ex mates, and options for relating to them

__  this overview of Project 2: learning to apply seven skills for effective communication

__  this three-page introduction to, and illustration of, "digging down" below surface needs to discern current primary needs

__  this proposal of basic human rights


__  this two-page checklist of common communication blocks

__  these examples of helpful communication phrases

__  these options for improving communication with adults and kids

__  this example of win-win co-parental problem solving

__  these other articles and worksheets promoting effective communication


__  this introduction to interactive barriers to post-divorce co-parental teamwork

__  this overview of Project 10 - evolving real co-parental teamwork

__  these options for relating effectively with a wounded ex mate

__ this perspective on communication options with a "difficult" ex mate

__  these alternatives to destructive legal battles between ex mates


__  scan these common surface problems, and study and discuss any that apply to your unique situation

__  if you're in a stepfamily or may be, read, mull, and discuss each of these foundation articles with your other co-parents and your lay and professional supporters.

        If this seems like a lot to learn and integrate - it is! In the long run, investing time and effort in study-ing the ideas and option in these articles now will return priceless dividends in personal and family har-mony and co-parental satisfaction.

        The alternative is years of hurt, resentment, frustration, anger, anxiety, possible legal expenses, remarital stress and possible re/divorce, wounded minor children, and old-age guilts and remorse. The TANSTAFL principle applies here: "There Ain't No Such Thing as Free Lunch."

Suggestions for Creating an Effective Parenting Agreement

        Whether you co-parents need to draft an agreement or upgrade an existing contract, you have many practical options for co-creating an effective document. These suggestions build on each other, so follow them in order for best results...

1)  Each co-parent identify and discuss your current personal priorities - honestly. If "Be the most effective co-parent I can be" isn't among your top five priorities, these suggestions will probably be of little value to you and your dependent kids.

2)  Encourage each other to use a long-range perspective (e.g. the next 15-20 years) in designing your agreement, not just "this summer" or "this school year."

3) Check yourselves honestly for false-self wounds, and proactively work at reducing any you find. Project 1 in this site offers practical ways to do this. Ignoring this option will steeply lower the usefulness of the other suggestions below.

4)  Each co-parent review your basic attitudes about key family roles and relationships. Some toxic attitudes can unconsciously sabotage your efforts here.

5)  Discuss the long-range purpose of your family: what are you trying to accomplish together? Option: if you don't have a meaningful family mission statement yet, invest time and energy in evolving one together. Then use it to guide you all in major family conflicts and decisions.

6)  Discuss these traits of a high-nurturance family, and adapt them to fit your unique situation. Your parenting agreement is a resource to help you maintain a high nurturance level as your members and environment constantly change.

7)  Commit to studying and using the communication basics and skills in Project 2. They - and reducing false-self wounds - are the basis for resolving parenting and all other disagreements effectively

8)  Assess your family adults honestly for these common co-parental relationship barriers. If you feel your co-parents have significant barriers, make reducing them together part of evolving an effective co-parenting agreement - and a high-nurturance family! Project 10 in this site and its related guidebook focus on building co-parenting teamwork, over time.

9)  Learn how to use your communication skills to spot and resolve values and loyalty (priority) conflicts. These are the most common surface reasons (symptoms) for parenting-agreement disputes.

10)  Help each other learn how to spot and resolve relationship triangles together. These usually amplify most family-member conflicts.

11)  Help each other get and stay clear on the vital difference between surface needs and primary   needs. Then use this awareness and the related "dig-down" communication skill to focus the design of your parenting agreement on filling your kids' and adults' short-term and long-term primary needs.

12)  Work to agree on (a) the purpose/s of your parenting agreement, and (b) the definition of an effective agreement. This is like laying the keel of a boat to ensure seaworthiness in rough weather.

13)  Periodically review these wise, helpful guidelines together, and apply their wisdom to your family situation. Then mull and discuss what an effective co-parent is.

14)  Note that parenting and nurturing mean "filling kids' and adults' current primary needs." Acknowledge that each minor family child has simultaneous developmental needs and family adjustment needs. Then work toward agreeing on what each dependent child in your family needs now.

15)  As you design your parenting agreement, keep in mind that any current or future stepparent/s will need to feel their parenting values and child-caring responsibilities are included co-equally by the bioparents. Option: Review and discuss this sample parental "job description" for perspective and ideas.

16)  Be open to learning how other divorced parents and stepfamily adults handle co-parenting responsibilities and conflicts. If you attend a single-parent, divorce-recovery, or stepfamily-co-parent support group, ask the other participants about this. Option: inform other co-parents about what you're reading here, and/or use this article for group discussion. 

17) If you choose to hire (or are court-ordered to use) a professional mediator to resolve co-parental disputes, use this article as a way of shopping for an informed professional. If you can't find one who knows much about these topics, give candidates a copy of this and ask them to read and comment on it. If they trivialize or dismiss these ideas, look elsewhere.

18) If you reach a major impasse among your co-parents in designing or using your parenting agreement, (a) face the reality your impasse means you have significant relationship barriers to reduce; and that court battles and decrees WILL NOT change this.

        Then (b) read why using attorneys rather than an informed counselor to dissolve your impasse will probably increase stress among all of you in the long run. If you feel you must  use the legal system, (c) give each attorney, the judge, and any other professionals a copy of this article and alert them to this nonprofit Web site!

        Pause and note your thoughts and feelings now. Do you see these 18 suggestions as useful co-parenting tools; a worthwhile investment of your time ands energy; oppressive, boring chores; or something else? Do you think committing to some or all of these options over some months could significantly improve the effectiveness of your family's parenting agreement over the years until your youngest dependent child lives independently?

        Is your true Self answering these questions now, or are some other subselves?

  Recap

        Millions of American parents divorce psychologically and/or legally. Most divorced couples can't negotiate effectively, and need a written parenting agreement to help them avoid or resolve disputes over nurturing their minor child/ren in separate homes. Basically, such agreements aim to fill their minor kids' needs well enough.

        Typical minor kids of divorce have a daunting array of developmental and family-adjustment needs that make effective parental agreements difficult to forge and maintain. Forming a stepfamily later usually makes multi-home parental cooperation far more difficult.

        Many exasperated parents resort to the legal system to force resolution to their co-parenting impasses, whether there is a written parenting agreement or not. This inevitably makes things worse - partly because attorneys, mediators, psychological evaluators, and judges aren't aware of the co-parents' underlying primary problems and what to do about them.

        From over 17,000 hours of clinical experience with hundreds of conflicted co-parents, this article...

  • defines an effective post-divorce parenting agreement,

  • suggests nine reasons many divorced co-parents can't make and maintain one,

  • outlines practical options for reducing existing "parenting agreement" conflicts, and...

  • offers concrete suggestions for designing an effective agreement in the first place.

        The three core problems co-parents and legal professionals need to understand are co-parents' (a) psychological wounds and (b) unawareness, and (c) not knowing the difference between surface problems (unmet needs) and underlying primary needs. The high majority of stressful battles over post-divorce legal parenting agreements are fruitless attempts to solve surface problems.

        Each day is a new chance for conflicted co-parents to learn how to avoid and/or reduce major child-raising stress, and gradually evolve true win-win-win nurturing teamwork in and between their homes. Projects 8-12 in this non-profit Web site and their related guidebooks provide a framework to help co-parents do this together.

 Selected Resources

    This link-index of other Project-10 (co-parent-team-building) articles

    These questions co-parents should ask - and brief answers

    Solution-options for common family role and relationship problems

    How to evaluate stepfamily-related advice, and pick qualified books   

    Selected guidebooks and other resources for co-parents

        Pause and reflect - why did you read this article? Did you get what you needed? If not, what do you need now?

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Updated December 24, 2008