Informal Custody Agreement Template for Australia

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Key Requirements PROMPT example:

Informal Custody Agreement

"I need an Informal Custody Agreement for a 50/50 shared custody arrangement of our 8-year-old twins, starting January 2025, with specific provisions for handovers at school and shared decision-making for extra-curricular activities."

Document background
The Informal Custody Agreement is a practical document used in Australian family law contexts when separated parents or guardians wish to establish clear parenting arrangements without immediate court intervention. This document type is particularly suitable for situations where parties maintain an amicable relationship and can cooperate in making decisions about their children's care. While not carrying the same legal weight as court orders, it provides a structured framework for documenting agreed-upon arrangements regarding custody, visitation, decision-making responsibilities, and communication protocols. The agreement operates within the context of the Australian Family Law Act 1975 and can be especially useful during trial periods of new arrangements or as an interim measure while formal legal proceedings are pending. It can also serve as evidence of the parties' intentions and arrangements if court intervention becomes necessary in the future.
Suggested Sections

1. Parties: Identifies all parties to the agreement, including both parents and details of the child(ren)

2. Background: Brief context of the current situation and reason for the custody agreement

3. Definitions: Defines key terms used throughout the agreement for clarity

4. Primary Care Arrangements: Details of where the child(ren) will primarily reside and the basic custody schedule

5. Parenting Time Schedule: Specific breakdown of how time with the child(ren) will be shared between parents

6. Decision-Making Rights and Responsibilities: Outlines how decisions about the child(ren)'s welfare, education, and health will be made

7. Communication: Guidelines for how parents will communicate about the child(ren) and with each other

8. Transportation and Exchange: Details about how and where the child(ren) will be transferred between parents

9. Modification of Agreement: Process for making changes to the agreement

10. Dispute Resolution: Process for resolving any disagreements about the agreement

Optional Sections

1. Holiday and Special Occasions Schedule: Special arrangements for holidays, birthdays, and other significant dates

2. Travel Provisions: Rules and notifications required for traveling with the child(ren), particularly relevant for international travel

3. Religious and Cultural Considerations: Specific arrangements regarding religious or cultural practices and education

4. Extended Family Access: Arrangements for time with grandparents and other extended family members

5. Medical Care Provisions: Specific arrangements for medical decisions and healthcare management

6. Education Provisions: Detailed arrangements regarding school choice, extra-curricular activities, and educational decisions

7. Financial Responsibilities: Overview of how child-related expenses will be handled, if not covered in a separate agreement

Suggested Schedules

1. Schedule A - Regular Parenting Schedule: Detailed calendar showing regular weekly/monthly custody rotation

2. Schedule B - Holiday Schedule: Calendar of holiday arrangements and special occasions

3. Schedule C - Contact Information: Comprehensive contact details for both parents and emergency contacts

4. Appendix 1 - Child(ren)'s Important Information: Details about school, medical providers, activities, etc.

5. Appendix 2 - Communication Log Template: Template for recording important communications between parents

6. Appendix 3 - Expense Sharing Template: Template for tracking shared expenses related to the child(ren)

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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