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Separation Custody Agreement

Separation Custody Agreement Template for United Arab Emirates

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Key Requirements PROMPT example:

Separation Custody Agreement

"I need a Separation Custody Agreement for my two children (ages 5 and 8) that includes provisions for regular international travel as I work between Dubai and London, with primary custody remaining with their mother in Dubai and monthly visitation rights for me starting March 2025."

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Document background
The Separation Custody Agreement is a critical legal document used in the United Arab Emirates when parents separate and need to establish formal arrangements for their children's care. It operates within the framework of UAE Federal Law No. 28 of 2005 and Federal Law No. 3 of 2016, incorporating Sharia law principles particularly regarding custody (hadhanah). The agreement covers essential aspects including primary custody designation, visitation schedules, financial responsibilities, and decision-making authority. It must comply with UAE's specific custody age limits (typically age 11 for boys and 13 for girls) and considers the mother's traditional right to custody during young childhood. The document serves as a legally binding arrangement that can be enforced through UAE courts and provides a clear framework for co-parenting while prioritizing children's welfare in accordance with UAE law.
Suggested Sections

1. Parties: Identification of both parents, including full legal names, Emirates ID numbers, and current residential addresses

2. Background: Brief history of the marriage, separation, and current living situation; details of children involved including names, ages, and current living arrangements

3. Definitions: Key terms used in the agreement including 'custody', 'guardianship', 'visitation rights', and other relevant legal terminology as per UAE law

4. Primary Physical Custody: Designation of the primary custodian (typically the mother for children under age of custody as per UAE law) and specific living arrangements

5. Legal Custody and Decision Making: Rights and responsibilities regarding major decisions about children's education, healthcare, and religious upbringing

6. Visitation Schedule: Detailed arrangement of time children will spend with the non-custodial parent, including regular visits, holidays, and special occasions

7. Financial Responsibilities: Allocation of expenses including child support, education, healthcare, and other necessities as per UAE law

8. Communication: Protocol for communication between parents regarding children and decision-making processes

9. Dispute Resolution: Process for resolving disagreements, including mediation and court procedures as per UAE law

10. Modification of Agreement: Circumstances and procedures for modifying the agreement

11. Governing Law: Confirmation that the agreement is governed by UAE law and Sharia principles

12. Execution: Signature requirements and notarization details as per UAE legal requirements

Optional Sections

1. International Travel: Used when there's potential for international travel, including passport arrangements and travel consent requirements

2. Religious Upbringing: Include when parents have different religious backgrounds or specific religious requirements

3. Educational Provisions: Detailed when specific educational choices or requirements need to be addressed

4. Medical Care Provisions: Include when children have specific medical needs or when there are particular healthcare decisions to be addressed

5. Language Requirements: Include when parents speak different languages and arrangements for children's language education need to be specified

6. Relocation Provisions: Used when there's potential for either parent to relocate within or outside the UAE

7. Step-Parent/Extended Family Relations: Include when arrangements for step-parents or extended family visitation need to be addressed

Suggested Schedules

1. Schedule A - Visitation Calendar: Detailed calendar showing regular visitation schedule, holiday arrangements, and special occasions

2. Schedule B - Financial Obligations: Detailed breakdown of financial responsibilities including child support calculations and payment schedules

3. Schedule C - Children's Documentation: Copies of children's birth certificates, Emirates IDs, and passports

4. Schedule D - Medical Information: Children's medical history, insurance information, and emergency contacts

5. Schedule E - Educational Information: Current school details, academic records, and educational requirements

6. Appendix 1 - Communication Protocol: Detailed procedures for parent-to-parent communication and emergency notifications

7. Appendix 2 - Dispute Resolution Procedure: Step-by-step process for addressing disagreements and modifications to the agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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Custody Evaluator

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