Interim Custody Agreement Template for England and Wales

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Key Requirements PROMPT example:

Interim Custody Agreement

"Need an Interim Custody Agreement for shared custody of two children (ages 4 and 7) between separated parents, with primary residence with mother and weekend contact with father, to be effective from March 2025 until final court hearing, including specific provisions for international travel as father frequently works in France."

Document background
An Interim Custody Agreement is utilized when temporary custody arrangements need to be formalized while permanent arrangements are being determined. This document is particularly relevant in situations of separation, divorce proceedings, or urgent child welfare matters in England and Wales. The agreement includes specific provisions for residence, contact schedules, decision-making authority, and emergency procedures, all governed by the Children Act 1989 and related legislation. It serves as a legally binding framework until a final custody order is established, ensuring stability and clarity for all parties involved while prioritizing the child's best interests.
Suggested Sections

1. Parties: Details of all parties involved, including parents and any relevant guardians

2. Background: Context of the custody arrangement and current situation

3. Definitions: Key terms used throughout the agreement

4. Custody Arrangements: Primary residence and contact schedule

5. Decision-Making Authority: Rights and responsibilities regarding important decisions

6. Duration: Period for which the interim arrangement will be in effect

Optional Sections

1. International Travel: Provisions for cross-border movement and international travel arrangements

2. Special Events: Arrangements for holidays, birthdays, and special occasions

3. Communication Protocol: Rules and procedures for communication between parties

4. Emergency Procedures: Protocol for emergencies and urgent situations

Suggested Schedules

1. Schedule 1: Contact Schedule: Detailed calendar of custody arrangements and visitation

2. Schedule 2: Holiday Schedule: Specific arrangements for school holidays and festivals

3. Appendix A: Communication Log: Template for recording important communications between parties

4. Appendix B: Important Contacts: List of relevant emergency contacts, schools, and medical providers

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
Industries

Children Act 1989: Principal statute governing child custody in England and Wales. Contains key provisions for Section 8 orders (Child Arrangements Orders), the welfare principle (Section 1), parental responsibility provisions, and establishes the best interests of the child as paramount consideration

Family Law Act 1996: Contains essential provisions regarding domestic violence protection and occupation rights that may affect custody arrangements

Child Abduction Act 1984: Legislation covering prevention of removal from jurisdiction and international movement restrictions for children subject to custody arrangements

Human Rights Act 1998: Incorporates relevant human rights considerations including Article 8 (Right to family life) and Article 6 (Right to fair trial)

Adoption and Children Act 2002: Relevant for cases involving step-parents and modifications to parental responsibility

Children and Families Act 2014: Contains modern provisions regarding mediation requirements and child arrangement provisions

Family Procedure Rules 2010: Procedural rules governing family proceedings including custody matters in England and Wales

Brussels II bis Regulation: European regulation affecting international custody cases (relevant for transitional Brexit cases)

Hague Convention on Child Abduction: International treaty providing framework for dealing with international child abduction cases and cross-border custody disputes

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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