Divorce Custody Agreement Template for New Zealand

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Key Requirements PROMPT example:

Divorce Custody Agreement

"I need a Divorce Custody Agreement for shared custody of two children (ages 8 and 10), with equal time-sharing between parents, and provisions for international travel as I frequently visit family in Australia; the agreement should take effect from March 2025."

Document background
The Divorce Custody Agreement is a crucial legal document used in New Zealand when parents are divorcing or separating and need to establish formal arrangements for their children's care. This agreement is governed by New Zealand legislation, primarily the Care of Children Act 2004 and the Family Proceedings Act 1980, and must be compliant with Family Court requirements. The document outlines comprehensive arrangements for children's care, including living arrangements, contact schedules, decision-making responsibilities, and financial obligations. It serves as a legally binding agreement that can be enforced by the Family Court and may be required as part of divorce proceedings. The agreement should always prioritize the best interests of the children while ensuring practical and sustainable arrangements for all parties involved.
Suggested Sections

1. Parties: Identification of all parties to the agreement, including both parents and any other legal guardians

2. Background: Brief history of the marriage, separation, and current situation regarding children

3. Definitions: Definitions of key terms used throughout the agreement

4. Children's Details: Full names, ages, and other relevant details of the children covered by the agreement

5. Guardianship: Specification of guardianship arrangements and decision-making responsibilities

6. Day-to-Day Care (Physical Custody): Primary living arrangements and time allocation between parents

7. Contact Arrangements: Detailed visitation schedule including regular contact, holidays, and special occasions

8. Communication: Rules and methods for communication between parents and with children

9. Decision Making: Process for making important decisions regarding children's education, health, and welfare

10. Child Support: Financial arrangements for supporting the children

11. Dispute Resolution: Process for resolving disagreements about the agreement

12. Review and Modification: Provisions for reviewing and modifying the agreement as circumstances change

13. Execution: Signing requirements and declaration of understanding

Optional Sections

1. International Travel: Required when there's possibility of overseas travel with children or if one parent lives abroad

2. Religious Upbringing: Include when parents have specific agreements about religious education or practices

3. Cultural Considerations: Important for families with specific cultural practices or when children have Māori heritage

4. Special Needs Provisions: Required when children have specific medical, educational, or other special needs

5. Relocation Provisions: Include when there's possibility of either parent moving to a different city or country

6. Extended Family Contact: When maintaining relationships with extended family members is specifically agreed upon

7. Safety Provisions: Required when there are safety concerns or previous family violence issues

8. Education Costs: Include when there are specific agreements about private education or extra-curricular activities

9. Medical Care: When there are specific arrangements or requirements for medical decision-making

10. Social Media and Privacy: Include when parties want to establish guidelines about sharing children's information online

Suggested Schedules

1. Schedule A - Contact Schedule: Detailed calendar of regular care arrangements, including pick-up/drop-off times

2. Schedule B - Holiday Schedule: Specific arrangements for school holidays, public holidays, and special occasions

3. Schedule C - Communication Schedule: Detailed arrangements for phone calls, video calls, and other communications

4. Schedule D - Financial Responsibilities: Breakdown of financial obligations including child support calculations

5. Appendix 1 - Parenting Rules and Guidelines: Agreed-upon rules for consistency in parenting across both households

6. Appendix 2 - Medical Information: Children's medical history, allergies, and healthcare providers

7. Appendix 3 - Education Information: School details, educational requirements, and extra-curricular activities

8. Appendix 4 - Emergency Contacts: List of emergency contacts and procedures

9. Appendix 5 - Modification History: Record of any modifications made to the original agreement

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

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Family Law

Dispute Resolution

Court Services

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Relevant Roles

Family Lawyer

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Mediator

Family Court Judge

Social Worker

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Paralegal

Court Registrar

Family Dispute Resolution Practitioner

Child Psychologist

Family Counselor

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Industries
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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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