What Is The “Right Of First Refusal” In Family Law?

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Quite often, parents try to reach a compromise and outline the parenting time each of them spends with a child in a separation agreement.

In short, there will always be times when the parent who is to have parenting time with the child according to an agreement of a court order cannot care for the child at a given moment.

Some parents would instead engage a caregiver than give additional parenting time to the other parent.

Disputes over parenting time beyond the regular schedule negatively impact parents, children, and the parent-child relationship in general.

What is the right of first refusal in family law? The right of first refusal in shared custody arrangements and family law usually means that if a parent cannot accommodate the child during his or her ordinary parenting schedule, the parent should offer the other parent to spend this time with the child before making alternate arrangements.

Suppose parents share parenting time on a week-on/week-off basis and have the first refusal clause in their parenting agreement.

Pros of the right of first refusal Ideally, the right of first refusal benefits both the parents and the child.