Legal Custody Agreement Template for New Zealand

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Key Requirements PROMPT example:

Legal Custody Agreement

"I need a Legal Custody Agreement for my two children (ages 8 and 10) establishing a 50/50 shared custody arrangement with my ex-partner, with changeovers every Sunday and clear provisions for school holidays starting from January 2025."

Document background
The Legal Custody Agreement is a crucial document used in New Zealand when parents or guardians need to establish formal arrangements for the care and custody of children, typically following separation, divorce, or significant changes in family circumstances. This document, governed by the Care of Children Act 2004 and related New Zealand legislation, provides a comprehensive framework for managing all aspects of children's care, including living arrangements, decision-making responsibilities, and contact schedules. It must comply with New Zealand family law principles, which prioritize the best interests of the child and may incorporate cultural considerations, particularly for Māori children. The agreement can be reached through private negotiation, mediation, or court proceedings, and typically requires legal review to ensure enforceability and compliance with relevant legislation.
Suggested Sections

1. Parties: Identification of all parties to the agreement, including parents/guardians and their legal capacity

2. Background: Brief history of the relationship, children involved, and current circumstances leading to this agreement

3. Definitions: Key terms used throughout the agreement, including 'day-to-day care', 'guardianship', 'contact', etc.

4. Children's Details: Full names, dates of birth, and current living arrangements of all children covered by the agreement

5. Guardianship: Specification of guardianship arrangements and how major decisions about the children will be made

6. Day-to-Day Care: Primary residence arrangements and specification of which parent has care at what times

7. Contact Arrangements: Detailed arrangements for contact between children and the non-resident parent

8. Communication: How parents will communicate with each other regarding the children and how children can communicate with the non-resident parent

9. Decision Making: Process for making decisions about education, health, religious upbringing, and other significant matters

10. Dispute Resolution: Process for resolving disagreements between parties

11. Review and Modification: Circumstances and process for reviewing and modifying the agreement

12. Execution: Signing and witnessing requirements

Optional Sections

1. International Travel: Required if there's likelihood of international travel, including passport arrangements and consent requirements

2. Religious and Cultural Considerations: Include when specific religious or cultural practices need to be maintained, particularly important for Māori children

3. Medical Care: Specific arrangements for managing medical decisions and healthcare

4. Education Provisions: Detailed arrangements for school choice, extra-curricular activities, and educational decisions

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

6. Special Needs Provisions: Required if any children have special needs requiring specific care arrangements

7. Financial Arrangements: Include if specific financial arrangements beyond statutory child support need to be addressed

8. Family Violence Provisions: Include where there are protection orders or safety concerns that need to be addressed

Suggested Schedules

1. Schedule A - Contact Schedule: Detailed weekly/fortnightly schedule of contact arrangements

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

3. Schedule C - Transportation Arrangements: Details of pick-up and drop-off arrangements, including locations and responsibilities

4. Schedule D - Communication Schedule: Specific times and methods for communication between children and non-resident parent

5. Schedule E - Special Events Calendar: Annual calendar of significant events, birthdays, and celebrations

6. Appendix 1 - Emergency Contacts: List of emergency contacts and medical information

7. Appendix 2 - Agreed Service Providers: List of agreed medical practitioners, counselors, or other service providers

8. Appendix 3 - Parenting Guidelines: Agreed guidelines for consistent parenting approaches across both households

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 legal definitions
Clauses
Relevant Industries

Legal Services

Social Services

Family Services

Education

Healthcare

Child Protection Services

Public Sector

Community Services

Cultural Services

Mental Health Services

Relevant Teams

Legal

Family Law

Social Services

Child Protection

Court Services

Dispute Resolution

Cultural Advisory

Family Support

Document Processing

Client Relations

Relevant Roles

Family Lawyer

Legal Counsel

Family Court Judge

Mediator

Social Worker

Family Support Worker

Child Protection Officer

Cultural Advisor

Family Court Coordinator

Legal Executive

Paralegal

Family Dispute Resolution Practitioner

Child Welfare Officer

Family Court Registrar

Guardian ad Litem

Industries
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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