Custody Agreement Without Divorce Template for England and Wales

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Key Requirements PROMPT example:

Custody Agreement Without Divorce

"I need a Custody Agreement Without Divorce 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."

Document background
A Custody Agreement Without Divorce is essential for separated parents in England and Wales who need to formalize arrangements for their children's care without pursuing divorce proceedings. This document provides a clear framework for co-parenting, outlining specific arrangements for residence, contact time, decision-making authority, and responsibilities for the child's welfare. It helps prevent future disputes by clearly documenting agreed terms and can be used as evidence in court if needed. The agreement must comply with the Children Act 1989 and related legislation, ensuring the child's best interests remain paramount.
Suggested Sections

1. Parties: Details of both parents/guardians including full names, addresses, and relationship to child

2. Background: Brief history of relationship, current situation, and reason for agreement

3. Definitions: Key terms used throughout the agreement

4. Child Details: Full information about the child(ren) including names, ages, and any special needs

5. Living Arrangements: Primary residence and detailed schedule of time with each parent

6. Parental Responsibility: Details of shared decision-making regarding education, health, and welfare

Optional Sections

1. Holiday Arrangements: Specific arrangements for school holidays and special occasions - use when parties want to specify detailed holiday arrangements

2. International Travel: Rules and procedures for taking children abroad - use when either parent may travel internationally with the child

3. Communication Protocol: Rules for communication between parents regarding the child - use when communication between parties needs structure

4. Financial Arrangements: Details of cost sharing for child-related expenses - use when parties want to formalize financial responsibilities

Suggested Schedules

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

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

3. Appendix 1 - Medical Information: Child's medical history, conditions, and emergency contacts

4. Appendix 2 - Education Information: School details, academic records, and educational requirements

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

Industries

Children Act 1989: Primary legislation governing child arrangements in England and Wales. Key sections include: the welfare principle (Section 1), parental responsibility definitions (Sections 2-3), and child arrangement orders (Section 8). The Act establishes that the child's best interests are paramount in any decision.

Family Law Act 1996: Contains crucial provisions relating to cohabiting parents and domestic violence protections. Particularly relevant for custody agreements between unmarried parents.

Human Rights Act 1998: Article 8 specifically protects the right to respect for private and family life, which must be considered in custody arrangements.

Equality Act 2010: Ensures protection against discrimination in family arrangements and must be considered when drafting custody agreements to ensure fair treatment of all parties.

Child Abduction Act 1984: Particularly important for custody agreements where international elements exist or where there's potential for cross-border movement of children.

Children and Families Act 2014: Modernized family justice system including the introduction of child arrangement orders to replace previous residence and contact orders.

Family Procedure Rules 2010: Sets out the procedural requirements and framework for family arrangements in the courts of England and Wales.

CAFCASS Guidelines: Provides best practice guidance for child arrangements and safeguarding procedures in family cases, used by courts and practitioners.

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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