All Countries
Legal Services
Shared Custody Agreement

Shared Custody Agreement Template for South Africa

Create a bespoke document in minutes,  or upload and review your own.

4.6 / 5
4.8 / 5

Let's create your Shared Custody Agreement

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Get your first 2 documents free

Your data doesn't train Genie's AI

You keep IP ownership of your information

Key Requirements PROMPT example:

Shared Custody Agreement

"I need a Shared Custody Agreement for my two children (ages 8 and 10) with equal 50/50 time distribution between parents, including a detailed schedule for school holidays and a clear outline of shared financial responsibilities, to be implemented from January 2025."

Celebrated by
Collaborations with
Investors
Document background
The Shared Custody Agreement is a crucial legal document used in South Africa when parents who are separated or divorced wish to formalize arrangements for sharing the care and responsibility of their children. This agreement is drafted in accordance with the Children's Act 38 of 2005 and must comply with Section 28 of the South African Constitution, which emphasizes the paramount importance of the child's best interests. The document includes comprehensive provisions for residential arrangements, contact schedules, decision-making processes, and financial responsibilities. It's particularly relevant when parents maintain an amicable relationship and can cooperate in child-rearing, requiring input from legal professionals and potentially the Family Advocate's office. The agreement typically requires regular review and may need modification as children's needs evolve or circumstances change.
Suggested Sections

1. Parties: Identification of both parents and the child(ren), including full names, addresses, and ID numbers

2. Background: Brief history of the relationship, current status, and reason for the custody agreement

3. Definitions: Clear definitions of terms used throughout the agreement, including 'primary residence', 'contact', 'shared custody', etc.

4. Best Interests of the Child: Statement affirming that all arrangements are made in the best interests of the child(ren)

5. Parental Rights and Responsibilities: Detailed outline of both parents' rights and responsibilities regarding care, contact, and guardianship

6. Residential Arrangements: Specific details about where the child(ren) will reside and the schedule for alternating residence

7. Contact Schedule: Detailed schedule for physical contact, including regular schedule, holidays, and special occasions

8. Communication: Rules and arrangements for communication between parents and with the child(ren)

9. Decision Making: Process for making major decisions regarding education, health, and welfare

10. Financial Responsibilities: Division of expenses and financial obligations for the child(ren)'s care

11. Dispute Resolution: Process for resolving disagreements and modifications to the agreement

12. Review and Modification: Provisions for periodic review and modification of the agreement

13. Breach and Remedies: Consequences and remedies in case of breach of agreement terms

Optional Sections

1. International Travel: Procedures and permissions for international travel with the child(ren)

2. Religious and Cultural Practices: Agreements regarding religious education and cultural practices

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

4. Educational Provisions: Detailed arrangements for school choice and educational decisions

5. Relocation Provisions: Procedures if either parent needs to relocate

6. Extended Family Contact: Arrangements for maintaining relationships with extended family members

7. Special Needs Provisions: Additional arrangements for children with special needs or medical conditions

8. Social Media and Privacy: Guidelines for sharing information and photos on social media

Suggested Schedules

1. Schedule A - Contact Calendar: Detailed calendar showing residence rotation, holidays, and special occasions

2. Schedule B - Financial Obligations: Detailed breakdown of regular and extraordinary expenses and payment responsibilities

3. Schedule C - Medical Information: Child(ren)'s medical history, allergies, and healthcare providers

4. Schedule D - Emergency Contacts: List of emergency contacts and procedures

5. Schedule E - Education Information: School details, extra-curricular activities, and academic calendar

6. Appendix 1 - Communication Protocol: Detailed guidelines for parent-to-parent and parent-child communication

7. Appendix 2 - Dispute Resolution Procedure: Step-by-step process for addressing disagreements

8. Appendix 3 - Travel Consent Form: Template for travel authorization between parents

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Best Interests of the Child
Care
Child/Children
Contact
Co-Holders of Parental Rights and Responsibilities
Contact Schedule
Day
Emergency
Extraordinary Expenses
Family Advocate
Financial Year
Force Majeure
Guardian/Guardianship
Holiday Schedule
Major Decisions
Maintenance
Medical Emergency
Normal School Day
Parental Responsibilities and Rights
Parties
Primary Residence
Regular Expenses
Residential Schedule
School Term
Shared Custody
Special Occasions
Supervision
Term Time
Vacation Period
Relevant Industries

Legal Services

Social Services

Family Services

Child Protection Services

Education

Healthcare

Public Sector

Non-Profit Organizations

Professional Services

Dispute Resolution

Relevant Teams

Legal

Family Law

Social Services

Dispute Resolution

Child Protection

Court Administration

Family Support Services

Document Processing

Client Relations

Compliance

Relevant Roles

Family Law Attorney

Legal Counsel

Social Worker

Family Advocate

Mediator

Child Psychologist

Family Court Judge

Legal Administrator

Child Welfare Officer

Family Law Paralegal

Legal Secretary

Court Clerk

Family Support Coordinator

Child Protection Officer

Industries
Children's Act 38 of 2005: The primary legislation governing all matters relating to care, contact, and protection of children. It defines parental responsibilities and rights, best interests of the child principle, and procedures for custody arrangements.
Constitution of South Africa (Act 108 of 1996), Section 28: Contains the Bill of Rights relating to children, establishing fundamental rights including the principle that a child's best interests are paramount in every matter concerning the child.
Divorce Act 70 of 1979: Governs divorce proceedings and related matters, including custody arrangements when parents separate. Particularly relevant for establishing the court's power in determining custody arrangements.
Mediation in Certain Divorce Matters Act 24 of 1987: Establishes the office of the Family Advocate and requires their involvement in matters concerning minor children in divorce or separation cases.
Maintenance Act 99 of 1998: Regulates child maintenance obligations, which is crucial in shared custody arrangements to ensure proper financial support for the child.
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

Find the exact document you need

Custody And Support Agreement

A South African legal agreement establishing parental rights, responsibilities, and financial obligations regarding child custody and support arrangements.

find out more

Legal Temporary Custody Agreement

A South African legal document transferring temporary custody rights from parents/guardians to temporary custodians under the Children's Act.

find out more

Newborn Custody Agreement

A South African legal agreement establishing custody arrangements and parental responsibilities for a newborn child, governed by the Children's Act and constitutional principles.

find out more

Legal Custody Agreement

A South African legal document establishing parental rights, responsibilities, and custody arrangements for minor children, governed by the Children's Act 38 of 2005.

find out more

Joint Custody Contract

A South African legal agreement establishing shared parental responsibilities and rights between parents under the Children's Act 38 of 2005.

find out more

Visitation Agreement For Parents

A South African legal agreement establishing parental visitation rights and schedules in accordance with the Children's Act.

find out more

Private Custody Agreement

A legally binding agreement under South African law establishing custody arrangements between parents/guardians, focusing on child care, contact, and guardianship rights.

find out more

Visitation Agreement

A South African law-compliant agreement establishing visitation rights and arrangements between a child and non-custodial parent or entitled parties.

find out more

Temporary Custody Agreement

A South African law-compliant agreement transferring temporary custody of a minor child from legal guardian(s) to a temporary custodian for a specified period.

find out more

Future Custody Agreement

A legally binding agreement under South African law that establishes future child custody arrangements and parental responsibilities, prioritizing the child's best interests.

find out more

50 50 Separation Agreement

A South African legal agreement facilitating the equal (50/50) division of assets and responsibilities between separating spouses or partners.

find out more

Uncontested Custody Agreement

A South African legal agreement establishing mutually agreed custody arrangements between parents/guardians regarding childcare, contact, and related responsibilities.

find out more

50 50 Custody Agreement

A South African legal agreement establishing equal (50-50) shared custody arrangements between parents, governed by the Children's Act 38 of 2005.

find out more

Split Custody Agreement

A South African legal agreement establishing split custody arrangements between parents, where different siblings reside primarily with different parents.

find out more

Pre Birth Custody Agreement

A South African legal agreement establishing custody arrangements and parental responsibilities before a child's birth, governed by the Children's Act 38 of 2005.

find out more

Voluntary Custody Agreement

A South African legal document establishing mutually agreed terms for child custody arrangements between parents or legal guardians under the Children's Act.

find out more

Sole Custody Agreement

A South African legal agreement establishing sole custody arrangements for a child, defining parental rights and responsibilities under the Children's Act.

find out more

Shared Custody Agreement

A South African legal agreement establishing shared custody arrangements between parents, governed by the Children's Act and constitutional principles.

find out more

Shared Parenting Agreement

A South African legal agreement establishing co-parenting arrangements between separated parents, governed by the Children's Act 38 of 2005.

find out more

Separation Custody Agreement

A South African legal agreement establishing custody and care arrangements for minor children during parental separation, governed by the Children's Act and constitutional principles.

find out more

Co Parenting Agreement

A South African legal agreement establishing the framework for separated parents to cooperate in raising their children, governed by the Children's Act 38 of 2005.

find out more

Download our whitepaper on the future of AI in Legal

By providing your email address you are consenting to our Privacy Notice.
Thank you for downloading our whitepaper. This should arrive in your inbox shortly. In the meantime, why not jump straight to a section that interests you here: https://www.genieai.co/our-research
Oops! Something went wrong while submitting the form.

Genie’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; Genie’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

Our bank-grade security infrastructure undergoes regular external audits

We are ISO27001 certified, so your data is secure

Organizational security

You retain IP ownership of your documents

You have full control over your data and who gets to see it

Innovation in privacy:

Genie partnered with the Computational Privacy Department at Imperial College London

Together, we ran a £1 million research project on privacy and anonymity in legal contracts

Want to know more?

Visit our Trust Centre for more details and real-time security updates.

Read our Privacy Policy.