My ex wants to apply for an interim measure

Questioner

My ex wants to apply for a provisional measure. I read on Google that parents who are not married or registered partners cannot apply for a provisional measure. Is that correct? Is a parenting plan mandatory? Yes, joint custody and not living together and no registered cohabitation contract. Is it true that if you do not have a parenting plan, you do not have a case for a procedure, that the judge cannot handle that case.

Lawyer

I'm not sure what you mean by interim relief here. A parenting plan is mandatory for all parents of minor children who do not live together. How have you arranged it now?

Lawyer

That is not true. Depending on the procedure that is initiated, a provisional measures procedure can be initiated. If desired, I can assist you in this. I handle many family law cases. If both parents have custody, the legal starting point is that a parenting plan is drawn up. This is not always possible if, for example, the communication between parents is seriously disrupted or both want something completely different in terms of agreements. It is not the case that if it is not possible to draw up this parenting plan, the procedure cannot be handled by definition. In principle, the court does set this as a condition, but can also continue with the procedure without this parenting plan.