Right of First Refusal (Custody)

Right of First Refusal (Custody)

Right of First Refusal (Custody)

The provision applies where a parent will be unavailable for a defined period during their parenting time, requiring them to offer the time to the other parent before using alternative care.

Threshold duration must be specified.

Alternative Names:

First Refusal Right|Right of First Refusal Provision

Why it Matters?

An unspecified threshold makes the provision unworkable, since a right applying to any absence generates conflict over routine childcare and errands, and provisions typically specify a minimum period such as four or eight hours. Enforcement is also difficult, which is why the provision functions better between cooperative parents than as a control on a conflicted relationship. Notice mechanics should be specified alongside the threshold.

Frequently Confused with

Related terms

Frequently asked questions

Why must a threshold be specified?

Why must a threshold be specified?

Because a right applying to any absence generates conflict over routine childcare and errands.

When does the provision work well?

When does the provision work well?

Between cooperative parents, since enforcement against a conflicted co-parent is difficult.