Amicable Custody Agreement Template for Australia

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Key Requirements PROMPT example:

Amicable Custody Agreement

"Need an Amicable Custody Agreement for two children (ages 8 and 10) with equal 50/50 shared custody between parents living in Brisbane, with specific provisions for school holidays and alternating major holidays starting January 2025."

Document background
An Amicable Custody Agreement is utilized when separated or divorced parents in Australia wish to formally document their mutually agreed arrangements regarding child custody and care. This document is particularly valuable when parties have reached consensus through mediation or direct negotiation, avoiding the need for court intervention. The agreement must comply with Australian family law, particularly the Family Law Act 1975 (Cth), and emphasize the best interests of the child. It typically includes comprehensive details about living arrangements, parenting time schedules, decision-making responsibilities, communication protocols, and provisions for special circumstances. While not automatically legally binding like court orders, this agreement can be submitted to the court for consent orders, providing additional legal enforceability. It serves as a foundation for successful co-parenting and can be modified as circumstances change or children's needs evolve.
Suggested Sections

1. Parties: Identification of both parents/guardians and children involved in the agreement

2. Background: Brief history of the family situation and reason for the agreement

3. Definitions: Key terms used throughout the agreement

4. Best Interests of the Child: Statement acknowledging that all arrangements are made in the best interests of the child

5. Parental Responsibility: Overview of shared parental responsibility and decision-making arrangements

6. Living Arrangements: Primary residence and regular care arrangements for the child

7. Parenting Time Schedule: Detailed schedule of when the child will spend time with each parent

8. Holiday and Special Occasions: Arrangements for school holidays, birthdays, and other special events

9. Communication: How parents will communicate with each other and with the child

10. Education: Agreements regarding schooling and educational decisions

11. Healthcare: Medical decision-making and health care arrangements

12. Transportation: Arrangements for transporting the child between parents

13. Dispute Resolution: Process for resolving disagreements between parents

14. Review and Modification: Process for reviewing and updating the agreement

15. Execution: Signing and dating of the agreement

Optional Sections

1. International Travel: Requirements and agreements for overseas travel with the child

2. Religious Upbringing: Agreements regarding religious education and practices

3. Extended Family: Arrangements for maintaining relationships with grandparents and other family members

4. Relocation Provisions: Process and requirements if either parent wishes to relocate

5. Child Support: Financial arrangements for child support if not covered in a separate agreement

6. Extra-Curricular Activities: Agreements about participation in and cost-sharing for activities

7. Social Media and Privacy: Guidelines for sharing information about the child on social media

8. New Partners: Guidelines for introducing and involving new partners in the child's life

Suggested Schedules

1. Schedule A - Contact Schedule: Detailed calendar of regular parenting time arrangements

2. Schedule B - Holiday Calendar: Annual schedule of holiday and special occasion arrangements

3. Schedule C - Medical Information: Child's medical history, allergies, and healthcare providers

4. Schedule D - Emergency Contacts: List of emergency contacts and important phone numbers

5. Schedule E - School Information: Current school details, teacher contacts, and academic schedule

6. Appendix 1 - Parenting Plan Guidelines: Detailed guidelines for co-parenting practices and expectations

7. Appendix 2 - Communication Log Template: Template for tracking important communications between parents

8. Appendix 3 - Expense Sharing Template: Template for tracking and sharing child-related expenses

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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Education

Healthcare

Public Administration

Dispute Resolution Services

Relevant Teams

Legal

Family Law

Dispute Resolution

Document Processing

Child Services

Social Services

Court Administration

Client Services

Compliance

Legal Operations

Relevant Roles

Family Lawyer

Legal Counsel

Paralegal

Family Mediator

Family Dispute Resolution Practitioner

Social Worker

Child Welfare Officer

Legal Secretary

Court Registrar

Family Court Administrator

Child Protection Officer

Family Counselor

Legal Document Specialist

Industries
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Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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