When a couple with children separates or divorces, the number one priority is – or should be – the childcare arrangements.
In recent years, a new type of childcare arrangement has become more common. Known as "birdnesting", it's when parents take turns in the family home.
When not there, they can either share a second, lower-cost home, stay with friends or family or find another housing arrangement.
The practice is now common enough to have been depicted in ITV's 2022 drama
Our House.
It's a type of co-parenting arrangement that has both advocates and detractors. The name itself suggests birds taking it in turns to look for food and look after the chicks – an idyllic image that isn't always reflected in reality.
Advocates point out the positive effects it can have on children, while critics argue that it's often a necessary evil brought about by the financial pressures of the housing market.
Either way, it seems like it's here to stay. In this article, we take a look at its benefits and drawbacks – plus what to take into account if you're thinking about entering a birdnesting arrangement.
What is birdnesting?
In a birdnesting arrangement, the children of separated parents stay in the family home full-time. The parents take turns to live in the house and look after the children. They also split the costs of running the home.
Often the couples share a second, cheaper home, or stay with friends and family. Some people stay in Airbnbs or even their workplaces. During the pandemic, it was sometimes necessary for off-duty parents to stay in a different room within the "nest".
Why is it on the rise?
The increase in birdnesting in the UK is intrinsically connected to the housing crisis. In the
words of Elizabeth Fletcher, a member of the Law Society's family law committee:
"It all comes down to mortgage rates… For your average 40-something divorce with relatively young children, it can be tough to fund two six percent mortgages – there's just not enough money to go round. So it's either that or the leaving parent is in a bedsit. We'll definitely be seeing more of this."
It means that separated parents don't have to sell the family home, and one parent doesn't have to buy out the other. It can settle the often-contested issue of who gets to keep the mortgage.
But most of all, it reduces the cost of living and housing for the separated couple.
What are the benefits of birdnesting?
Aside from saving money, birdnesting can be a beneficial arrangement for couples who have separated amicably and can co-parent with clear boundaries and shared decision-making.
If the couple are trying to reach an equal parenting arrangement, it can save children from traipsing between parents' homes. A full-time base can give the children the consistency and stability they need at a difficult time – and they won't have to move away from close friends or family.
It can also be the best course of action if a child has a specific need like a disability and would struggle if the house was sold.
What are the potential downsides of birdnesting?
If parents aren't on good terms, birdnesting can be a struggle – after all, the separated couple will literally be tidying up after each other.
They will also remain strongly financially tied to one another – especially if they keep the house as an asset. This makes a "clean break" all but impossible.
It's inappropriate when a separation has been acrimonious or the relationship involved domestic abuse.
It can also cause friction about money. For instance, it can become difficult to decide exactly who should pay what share of child maintenance payments, bills and other domestic expenses. This can become pronounced if one parent is spending more than another.
Things can get complicated if one or both of the parents want to start new relationships and move in with their new partners. Is the new partner welcome in the family home when the parent is on duty? This is one area which needs to be agreed on before the arrangement begins.
While advocates point to its benefits for children, it doesn't work for everyone. Some children may find it disorientating or feel stuck in limbo.
What are the legal implications?
Many separating couples are looking for a legal "clean break". This means that both parties are no longer financially tied in any way. Birdnesting makes this nigh-on impossible and separating couples might find it hard to "move on".
It can be advisable for birdnesting parents to draw up a parenting plan that agrees on a childcare schedule. Sometimes, a formal child arrangement order can be approved by the court – but if the separation was amicable, this shouldn't be necessary.
What could a parenting plan include?
A parenting plan isn't legally binding. It's more a set of agreed rules between a separating couple. In the case of birdnesting, it could answer questions like:
What is the family court's view of birdnesting?
Birdnesting is still a relatively new phenomenon, so there's only patchy evidence about the family court's view.
That said, family courts prioritise children's best interests and welfare. They will take into account whether birdnesting could cause or increase harm to a child.
Conclusion
Birdnesting is primarily a money-saving exercise – but it can have benefits in certain situations.
Whatever childcare arrangement you reach after divorce, it's advisable to get good legal advice early on. That way, you can navigate a difficult situation equipped with the facts and guidance you need.
Are you going through a separation and need tactful, effective legal support? At Milners, we have teams of experienced
divorce lawyers in Harrogate, Leeds and Pontefract.
Get in touch for a free initial consultation.
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