Nesting Arrangements in Family Law: What You Need to Know 

When parents separate, one of the most difficult challenges is working out how the children will spend time with each parent. In recent years, a parenting option known as “nesting” or “bird’s nest arrangements” has become increasingly discussed in Australian family law.

At South Coast Family Law Group, we regularly advise parents on the pros and cons of nesting arrangements and whether they might suit their family. 

What is a Nesting Arrangement? 

A nesting arrangement is a parenting plan where the children stay in one home (the “nest”), and the parents rotate in and out of that home according to an agreed schedule. Instead of children moving between two households, it is the parents who move. 

For example: 

• The children remain in the family home. 
• Parent A stays in the home for a set period (e.g., one week), while Parent B stays elsewhere. 
• The parents then rotate, allowing the children to have stability in their living environment. 

 

Why Do Parents Choose Nesting? 

Parents often consider nesting arrangements because they: 

• Prioritise stability for children: The children keep the same bedrooms, school routine, and neighbourhood friendships. 
• Ease the transition after separation: Particularly in the early stages, nesting may help children adjust without the added stress of moving between homes. 
• Maintain familiar surroundings: The family home often provides a sense of comfort and security for children. 

 

Challenges of Nesting Arrangements 

While nesting can provide benefits, it is not always a long-term solution. Some of the common challenges include: 

• Financial cost: Parents often need three homes: the family home (nest) plus separate residences for each parent when they are not “on duty.” 
• Parental conflict: High conflict between parents can make the arrangement stressful and unsustainable. 
• Boundaries and privacy: Sharing the same space at different times can create disputes over cleaning, bills, food, and household rules. 
• Temporary solution: Nesting is usually seen as a short-term arrangement during the early adjustment period after separation. 

 

What Does the Law Say About Nesting? 

Nesting arrangements are not specifically defined under the Family Law Act, but they can be incorporated into: 

• Parenting Plans: Informal, written agreements between parents. 
• Consent Orders: Court-approved arrangements that make the nesting schedule legally binding. 

The Federal Circuit and Family Court of Australia will always prioritise the best interests of the child. Nesting can work well when parents cooperate and communicate respectfully, but courts may be reluctant to impose nesting orders in high-conflict cases. 

 

Is Nesting Right for Your Family? 

Nesting may be a suitable option if: 

• Both parents can cooperate effectively. 
• The arrangement is financially viable. 
• The children’s wellbeing is genuinely supported by maintaining the family home as their base. 

However, it is usually considered a transitional arrangement while longer-term parenting solutions are explored. 

Nesting arrangements can provide stability for children after separation, but they require high levels of cooperation and can be expensive to maintain. They are rarely a permanent solution, but may be effective as a short-term arrangement to ease your children’s transition. 

If you are considering a nesting arrangement, speak to a family lawyer early to understand your options and ensure the arrangement is in your children’s best interests. 

 

How We Can Help 

At South Coast Family Law Group, our experienced family lawyers can: 

• Explain your legal options around nesting arrangements. 
• Help you draft a clear Parenting Plan or apply for Consent Orders. 
• Guide you through mediation to resolve parenting disputes. 
• Provide realistic advice about whether nesting will work for your family. 

 

Need advice about nesting or parenting arrangements?

Contact South Coast Family Law Group today on (02) 4202 6644 or email admin@scflg.com.au to speak to one our experienced family lawyers in Wollongong or Shellharbour.