Custody Agreement Without Court Template for England and Wales

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Key Requirements PROMPT example:

Custody Agreement Without Court

"I need a Custody Agreement Without Court for my two children (ages 8 and 11), establishing a 60/40 shared custody arrangement with their mother, including specific provisions for international travel as I frequently work in France and want to take them during school holidays."

Document background
A Custody Agreement Without Court is designed for separated parents or guardians in England and Wales who wish to formalize their child care arrangements amicably without court proceedings. This document provides a comprehensive framework for managing childcare responsibilities, including residence, contact arrangements, decision-making processes, and financial obligations. It's particularly useful when parties can communicate effectively and agree on major decisions regarding their children's welfare. The agreement must comply with the Children Act 1989 and related legislation, ensuring the child's best interests remain paramount. While not a court order, this agreement serves as a clear reference point for both parties and can be used as evidence of intentions if future disputes arise.
Suggested Sections

1. Parties: Details of parents/guardians involved in the agreement

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement

4. Living Arrangements: Primary residence and living schedule for the child

5. Contact Arrangements: Visitation schedule and contact rights

6. Decision Making: Process for making important decisions about the child's welfare

7. Financial Responsibilities: Agreement on financial support and expenses

Optional Sections

1. Holiday Arrangements: Specific arrangements for school holidays and special occasions

2. International Travel: Rules and agreements regarding international travel with the child

3. Education Provisions: Agreements about schooling and educational decisions

4. Medical Care: Agreements about medical decisions and healthcare

Suggested Schedules

1. Schedule 1: Contact Schedule: Detailed calendar of contact arrangements

2. Schedule 2: Financial Schedule: Detailed breakdown of financial responsibilities

3. Schedule 3: Holiday Calendar: Annual holiday and special occasions schedule

4. Appendix A: Communication Protocol: Agreed methods and rules for communication between parties

5. Appendix B: Dispute Resolution Process: Agreed process for resolving disagreements

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

Clauses
Relevant Industries
Relevant Teams
Relevant Roles
Industries

Children Act 1989: Primary legislation governing child arrangements in England and Wales. Contains the welfare principle stating child's best interests are paramount, defines parental responsibility and rights, and provides the welfare checklist.

Family Law Act 1996: Legislation covering domestic arrangements and protection measures in family situations. Relevant for including safeguarding provisions in custody agreements.

Child Arrangements Programme (CAP): Official guidance framework for making out-of-court arrangements for children. Provides structure for private child arrangement agreements.

Human Rights Act 1998: Particularly Article 8 regarding the right to respect for private and family life. Must be considered when drafting custody arrangements.

Equality Act 2010: Contains non-discrimination provisions that must be respected in custody arrangements. Ensures fair treatment regardless of protected characteristics.

Children and Families Act 2014: Modern legislation updating provisions for child arrangements and including mediation requirements for family disputes.

CAFCASS Guidelines: Best practice guidelines from the Children and Family Court Advisory and Support Service for making child arrangements.

Welfare Checklist: Statutory checklist from Children Act 1989 considering factors such as child's wishes, physical/emotional needs, effect of changes, age/background, and potential harm risks.

Parental Responsibility Principles: Legal principles defining rights, duties, and responsibilities of parents in relation to their children's upbringing and care.

Shared Care Arrangements: Legal framework for establishing and maintaining shared care between parents, including residence and contact arrangements.

Teams

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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