Shared Custody Agreement Template for England and Wales

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Key Requirements PROMPT example:

Shared Custody Agreement

"I need a Shared Custody Agreement for my two children (ages 8 and 11) that establishes a 60/40 residential split between myself and my ex-partner, with specific provisions for international travel as I frequently work in France, to take effect from January 2025."

Document background
A Shared Custody Agreement is essential when parents or guardians who are separated wish to formalize arrangements for sharing the care and responsibility of their children. This document, governed by England and Wales law, primarily focuses on establishing clear guidelines for residential arrangements, contact schedules, decision-making processes, and financial responsibilities. It ensures compliance with the Children Act 1989 and other relevant legislation, while maintaining focus on the child's best interests. The agreement helps prevent future disputes by clearly documenting all aspects of the shared custody arrangement, including day-to-day care, education, healthcare, and special occasions.
Suggested Sections

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

2. Background: Context of the agreement and relevant family circumstances

3. Definitions: Key terms used throughout the agreement

4. Residential Arrangements: Primary living arrangements and schedule

5. Contact Arrangements: Visitation schedule and communication protocols

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

7. Financial Responsibilities: Agreement on sharing of costs and expenses

Optional Sections

1. International Travel: Rules and procedures for taking children abroad - used when either parent lives abroad or frequently travels internationally

2. Education Provisions: Specific arrangements for schooling and educational decisions - used when specific education decisions need to be agreed

3. Religious Upbringing: Agreements about religious education and observance - used when parents have different religious beliefs or specific religious requirements

4. Medical Care: Special healthcare arrangements - used when child has specific medical needs or parents have strong views on medical treatment

Suggested Schedules

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

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

3. Financial Schedule: Detailed breakdown of financial commitments and sharing of costs

4. Communication Protocol: Detailed procedures for parent-to-parent and parent-to-child communication

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

Relevant Industries
Relevant Teams
Relevant Roles
Industries

Children Act 1989: Primary legislation governing child arrangements in England and Wales. Establishes the 'welfare principle' that child's best interests are paramount, defines parental responsibility, and sets out court orders relating to children.

Family Law Act 1996: Framework legislation for family proceedings in England and Wales, particularly relevant for the enforcement of custody agreements and arrangements.

Child Arrangements Programme (CAP) 2014: Practice direction that governs arrangements for children, setting out specific procedures and expectations for child arrangement orders and agreements.

Adoption and Children Act 2002: Legislation covering adoption and modifications to Children Act 1989, particularly relevant for step-parent rights in custody arrangements.

Human Rights Act 1998: Incorporates European Convention rights into UK law, particularly Article 8 (right to family life) and Article 6 (right to fair hearing) which are relevant to custody arrangements.

Child Abduction and Custody Act 1985: Legislation dealing with international aspects of child custody and implementing Hague Convention provisions in UK law.

Equality Act 2010: Legislation ensuring non-discrimination in all proceedings, including family law, protecting various characteristics in 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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