Mutual Custody Agreement Template for United Arab Emirates

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Key Requirements PROMPT example:

Mutual Custody Agreement

"I need a Mutual Custody Agreement for joint custody of two children (ages 8 and 11) with my ex-spouse, who will be relocating to Dubai in March 2025, including provisions for international travel and online communication arrangements."

Document background
The Mutual Custody Agreement serves as a foundational document for parents or legal guardians sharing custody of children in the UAE. This agreement becomes necessary during divorce proceedings, separation, or other circumstances requiring formal custody arrangements. It must comply with UAE Federal Law No. 28 of 2005 (Personal Status Law) and incorporate principles of Islamic law (Sharia). The document typically includes detailed provisions for child care, education, healthcare, financial responsibilities, and travel arrangements. It's particularly important in the UAE context due to specific legal requirements regarding custody (hadhanah) and guardianship (wilayah). The agreement helps prevent future disputes by clearly defining each party's rights and responsibilities while prioritizing the child's best interests according to UAE law.
Suggested Sections

1. Parties: Identification of all parties to the agreement, including full legal names, Emirates ID numbers, and contact details of both parents

2. Background: Brief history of the relationship, marriage/divorce status, and current situation leading to this custody agreement

3. Definitions: Key terms used throughout the agreement, including 'Custody', 'Guardianship', 'Visitation Rights', and other relevant terms as per UAE law

4. Purpose of Agreement: Clear statement of the agreement's objectives and commitment to the child's best interests

5. Child Information: Details of the child(ren) including full names, dates of birth, Emirates ID numbers, and any specific medical or educational needs

6. Custody Arrangements: Primary residence, day-to-day care responsibilities, and decision-making authority

7. Visitation Schedule: Detailed arrangements for regular visitation, including weekdays, weekends, and holidays

8. Education and Schooling: Agreements regarding choice of schools, educational decisions, and sharing of educational information

9. Healthcare Provisions: Medical decision-making authority, sharing of health information, and emergency procedures

10. Financial Responsibilities: Division of expenses related to the child's upbringing, including education, healthcare, and daily needs

11. Travel and Relocation: Procedures for domestic and international travel, including passport custody and required permissions

12. Communication: Methods and frequency of communication between parents and with the child

13. Dispute Resolution: Process for resolving disagreements and modifications to the agreement

14. Governing Law: Confirmation of UAE law application and jurisdiction

15. Term and Termination: Duration of the agreement and circumstances for review or termination

Optional Sections

1. Religious Upbringing: Specific arrangements for religious education and observances, particularly relevant in UAE context

2. Special Needs Provisions: Additional arrangements for children with special needs or medical conditions

3. Extended Family Access: Arrangements for grandparents and other family members' access rights

4. Cultural Preservation: Provisions for maintaining cultural and linguistic heritage

5. Temporary Care Arrangements: Procedures for temporary care during parental illness or absence

6. Social Media and Privacy: Guidelines for sharing children's information and photos on social media

7. Extracurricular Activities: Arrangements for after-school activities and associated responsibilities

8. Property and Inheritance: Special provisions regarding children's property or inheritance rights

Suggested Schedules

1. Schedule A - Detailed Visitation Calendar: Comprehensive calendar showing regular visitation schedule, holidays, and special occasions

2. Schedule B - Financial Breakdown: Detailed breakdown of financial responsibilities and payment arrangements

3. Schedule C - Emergency Contacts: List of emergency contacts, including medical providers and trusted family members

4. Schedule D - Travel Documentation: Copies of relevant travel documents and standard travel consent forms

5. Schedule E - Medical History: Children's medical history, allergies, and ongoing medical needs

6. Appendix 1 - Communication Log Template: Standard template for logging important communications between parents

7. Appendix 2 - Expense Sharing Form: Template for recording and sharing child-related expenses

8. Appendix 3 - Important Documents: Copies of birth certificates, Emirates IDs, and other crucial documents

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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