Memorandum Of Understanding
A Memorandum of Understanding (MOU) in the context of parenting mediation is a written summary of the agreements that the parents develop during mediation.
It is not usually legally binding on its own. It serves as a foundation for legal documents (like a court order or divorce parenting plan) when needed.
WHY SEPERATING PARENTS NEED ONE:
It provides clarity, structure, and a written record of what both parents agreed to.
It often helps clarify future misunderstandings, as each parent can refer back to what was agreed.
It serves as the template for future agreements that the co-parents can edit without the guidance of a professional.
It’s faster, less expensive, and less adversarial than litigation.
What’s included in an MOU created through Parenting Mediation?
An MOU may include:
Parenting schedule (e.g. weekdays, weekends, holidays, vacations)
Decision-making responsibilities (e.g. education, health, religion)
Communication methods between parents
Transportation logistics (who drops off/picks up, where)
Exceptions to the normal operating agreements
Guidelines for relocation possibilities, handling mental health challenges, and introducing new partners.
Dispute resolution mechanisms (e.g. what to do if there's disagreement later)
Special considerations (e.g. for children with disabilities, summer camps or internships, or specific routines)
Key Characteristics of A MOU:
Neutral language: It reflects agreements only , no taking sides
Drafted by mediator: Usually written by the mediator after the joint sessions, based on what was agreed
Editable: Clients can review and revise it together on their own
Not automatically legally enforceable: It's not a court order—parents must submit it to court (if desired) to make it legally binding
Used as a reference: Parents use it as a guide to co-parenting agreements, even without going to court
Examples:
“Both parties agree that the children will reside with Parent A during Thanksgiving week and Parent B during Christmas week of the same calendar year. The following year, they will switch holidays, residing with Parent B during Thanksgiving week, and with Parent A during Christmas week.”
“For birthdays, children will reside with the parent who typically would have that child on that calendar day (no exceptions or changes will be made).”
“Both parties agree that they will not ask their children to provide input or guidance on changing the overnight schedules without the other parent present until the oldest child turns twelve.”.
Turning the MOU into a Legal Document
In many jurisdictions:
You can submit the MOU to court (often through an attorney or during court) to be entered as a stipulated order or parenting plan.
Once approved, it becomes enforceable by law (e.g. contempt of court if not followed).
ALL OF RESOLUTIONARY’S CO-PARENTING MEDIATIONS INCLUDE A MEMORANDUM OF UNDERSTANDING...
walk away with movement forward where confusion, blame and constant rearranging once dominated