Custody And Visitation Agreement Template for England and Wales

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Key Requirements PROMPT example:

Custody And Visitation Agreement

"I need a Custody and Visitation Agreement for my two children (ages 8 and 11) that includes arrangements for international travel as my ex-partner lives in France, with specific provisions for school holidays and video calls during non-contact periods."

Document background
A Custody and Visitation Agreement is essential when parents separate or divorce and need to formalize arrangements for their children's care. This document, governed by the laws of England and Wales, particularly the Children Act 1989, outlines specific terms for residence, contact, and decision-making authority. The agreement typically includes detailed schedules for regular contact, holiday arrangements, and special occasions, while ensuring compliance with the paramount principle of the child's best interests. It serves as a reference point for both parents and can be used in court if necessary, though it's primarily intended as a mutually agreed framework for co-parenting.
Suggested Sections

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

2. Background: Brief history of relationship, separation, and current situation

3. Definitions: Key terms used throughout the agreement including 'custody', 'visitation', 'parental responsibility'

4. Child Information: Details of child(ren) including full names, dates of birth, and current living arrangements

5. Custody Arrangements: Primary residence and decision-making authority provisions in accordance with Children Act 1989

6. Visitation Schedule: Regular contact arrangements including weekdays, weekends, and holidays

7. Communication: How parents will communicate regarding child matters and decision-making processes

Optional Sections

1. International Travel: Provisions for overseas travel with the child(ren), including passport arrangements and consent requirements

2. Education Provisions: Specific arrangements regarding schooling decisions and educational responsibilities

3. Religious Upbringing: Agreements regarding religious education and practices when parents have different religious beliefs

4. Medical Decisions: Protocol for medical treatment decisions and health-related matters

Suggested Schedules

1. Schedule 1: Contact Schedule: Detailed calendar of regular contact arrangements including specific times and dates

2. Schedule 2: Holiday Schedule: Specific arrangements for school holidays, religious holidays, and special occasions

3. Schedule 3: Transportation Arrangements: Details of how contact handovers will be managed including pickup and drop-off locations

4. Appendix A: Emergency Contact Information: List of emergency contacts, medical information, and relevant professional contacts

5. Appendix B: School Information: Current school details, contact information, and educational records access arrangements

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 (child's best interests are paramount), provisions for Child Arrangement Orders (Section 8), and parental responsibility provisions (Sections 2-4).

Welfare Checklist: Found in Section 1(3) of Children Act 1989. Includes consideration of: child's wishes and feelings, physical and emotional needs, effect of changes, age, sex, background, potential harm, parental capability, and available court powers.

Family Law Act 1996: Secondary legislation containing relevant provisions regarding domestic arrangements and family matters.

Child Arrangements Programme (CAP) 2014: Practice directions and guidance for child arrangement proceedings in the family courts.

Human Rights Act 1998: Particularly Article 8 which ensures the right to respect for private and family life, relevant for custody arrangements.

Re G (Children) [2006] UKHL 43: Key case law establishing principles for child arrangement decisions in English courts.

Payne v Payne [2001] EWCA Civ 166: Significant case law regarding relocation cases and factors to consider in child arrangement decisions.

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

International Framework: Including Brussels II bis Regulation, Hague Convention on Child Abduction, and Family Law Act 1986 for recognition of overseas orders in international cases.

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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