Separation Custody Agreement Template for England and Wales

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Key Requirements PROMPT example:

Separation Custody Agreement

"I need a Separation Custody Agreement for my two children (ages 8 and 11) that establishes a 60/40 residential split between parents, with specific provisions for international travel as I frequently work in France."

Document background
A Separation Custody Agreement is essential when parents or guardians separate and need to formalize arrangements for their children's care. This document, governed by England and Wales law, particularly the Children Act 1989, provides a comprehensive framework for managing childcare responsibilities, including residence, contact, education, healthcare, and financial support. The agreement helps prevent future disputes by clearly defining each party's rights and obligations while prioritizing the children's welfare. It can be used as a standalone document or in conjunction with broader separation or divorce proceedings.
Suggested Sections

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

2. Background: Context of separation and current situation

3. Definitions: Key terms used throughout the agreement including relevant legislation references (Children Act 1989, Family Law Act 1996, etc.)

4. Living Arrangements: Primary residence and contact arrangements for the child(ren)

5. Parental Responsibility: Details of shared decision-making and responsibilities

6. Financial Arrangements: Child maintenance and shared expenses arrangements in accordance with Child Support Act 1991

Optional Sections

1. Education Arrangements: Used when specific agreements about schooling, choice of schools, and education decisions need to be detailed

2. International Travel: Include when there are overseas family members or potential international travel, addressing Hague Convention considerations

3. Religious Upbringing: Include when parents have different religious beliefs or specific religious education requirements

4. Medical Decisions: Include when specific healthcare arrangements or medical decision-making processes need to be agreed

Suggested Schedules

1. Schedule 1: Contact Schedule: Detailed calendar of contact arrangements including holidays, special occasions, and communication times

2. Schedule 2: Financial Schedule: Breakdown of regular maintenance payments and extraordinary expenses sharing arrangements

3. Schedule 3: Children's Details: Full details of children including medical information, school details, and specific needs

4. Schedule 4: Communication Protocol: Agreed methods and timing of communication between parents regarding child-related matters

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 children's welfare in England and Wales. Establishes the paramountcy principle that child's welfare is paramount, defines parental responsibility, and sets out framework for various court orders relating to children.

Family Law Act 1996: Provides the legal framework for separation agreements and deals with domestic arrangements between separating couples.

Matrimonial Causes Act 1973: Covers financial provisions and arrangements in separation cases, particularly relevant if separation might lead to divorce proceedings.

Child Support Act 1991: Legislation governing child maintenance arrangements and financial responsibilities of parents towards their children.

Human Rights Act 1998: Ensures compliance with human rights legislation, particularly Article 8 regarding the right to family life in custody arrangements.

Equality Act 2010: Ensures no discrimination in custody and separation arrangements based on protected characteristics.

Children and Families Act 2014: Updates to the family justice system including mediation requirements and modern family arrangements.

Brussels II bis Regulation: European regulation relevant for pre-Brexit cases involving international custody disputes within EU member states.

Hague Convention on Child Abduction: International treaty protecting children from cross-border abduction and retention, crucial for international custody 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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