Is a verbal agreement a binding contract

The short answer is "no", for a couple reasons.  First, if you have an existing court order, the language of the Order controls as to your custody and parenting plan.  Since no verbal agreement had been reviewed and approved by the Court, the Court cannot enforce the verbal agreement.  To have the enforcement authority of the Court behind you, all agreements, including modificaitons of your prior Orders, must be in writing, submitted to the Court and signed off on by the Judge. Also, Judges have review authority over all child-related issues until your children are emancipated.  They have review authority to ensure your agreements are in the child's best interests and are not void as against public policy.   All is not lost, however.  A verbal understanding is what can be called "an expression of intent" and Dad's statement can be brought up and discussed in court.  This, like all other evidence, will be considered by your judicial officer in determinning a parenting plan that is in your children's best interests if their parents cannot agree.  Make sure you bring any documentation to any hearing and have a copy for Dad.  If you choose to have your new SO present, make sure s/he can provide testimony in a calm and respectful manner to avoid a circus and the Judge not listening to your side of things.