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Custody Agreement Without Court Template for Australia

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Key Requirements PROMPT example:

Custody Agreement Without Court

"I need a Custody Agreement Without Court for equal shared care of two children (ages 8 and 10), with changeovers every Friday and shared school holiday time, to take effect from January 2025."

Document background
The Custody Agreement Without Court is a vital document for separated parents in Australia who wish to formalize their parenting arrangements without seeking court orders. This agreement type is particularly suitable for parents who can communicate effectively and agree on their children's care arrangements. The document must align with the Family Law Act 1975 and typically includes comprehensive provisions for parental responsibility, living arrangements, education, healthcare decisions, and dispute resolution mechanisms. While not legally binding in the same way as court orders, this agreement serves as a clear framework for co-parenting and can be later converted into consent orders if desired. It's especially useful for parents who want to maintain flexibility in their arrangements while having a formal written agreement in place.
Suggested Sections

1. Parties: Identification and details of both parents entering into the agreement

2. Background: Brief history of the relationship, children involved, and current situation

3. Definitions: Key terms used throughout the agreement including 'parental responsibility', 'substantial time', etc.

4. Best Interests of the Child: Statement acknowledging that the agreement is made in the best interests of the child(ren)

5. Parental Responsibility: Details of shared or sole parental responsibility arrangements

6. Living Arrangements: Primary residence and regular care arrangements for the child(ren)

7. Time Spent with Each Parent: Detailed schedule of regular parenting time, including weekdays, weekends, and transitions

8. Holiday and Special Occasions: Arrangements for school holidays, birthdays, religious holidays, and other special events

9. Communication: How parents will communicate with each other and with the children when not in their care

10. Decision Making: Process for making major decisions about education, health, religion, and other significant matters

11. Travel and Passport Arrangements: Rules regarding interstate and international travel, passport custody

12. Dispute Resolution: Process for resolving disagreements about the agreement or future parenting issues

13. Review and Modification: Process for reviewing and modifying the agreement as children's needs change

14. Execution: Formal signing section including independent legal advice certificates

Optional Sections

1. Child Support Arrangements: Include when parents wish to formalize financial support arrangements in the agreement

2. Medical and Healthcare: Include when there are specific medical needs or healthcare decisions to be addressed

3. Educational Arrangements: Include when specific arrangements for school choice, expenses, or educational decisions need to be detailed

4. Religious and Cultural Practices: Include when children's participation in religious or cultural activities needs to be addressed

5. Extended Family Contact: Include when arrangements for grandparents or other extended family contact need to be formalized

6. Relocation Provisions: Include when there's potential for either parent to relocate

7. Special Needs Provisions: Include when children have special needs requiring specific care arrangements

8. Social Media and Privacy: Include when parents 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: Detailed rotation of school holidays, public holidays, and special occasions

3. Schedule C - Communication Schedule: Specific times and methods for communication between parents and children

4. Schedule D - Extra-Curricular Activities: List of agreed activities, responsibility for transport and costs

5. Appendix 1 - Emergency Contacts: List of emergency contacts and medical professionals

6. Appendix 2 - School Information: Current school details and contact information

7. Appendix 3 - Medical Information: Children's medical history, allergies, and current medical providers

8. Appendix 4 - Expense Sharing: Breakdown of shared expenses and payment arrangements if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions



































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Relevant Industries

Legal Services

Family Services

Social Services

Education

Healthcare

Child Protection

Alternative Dispute Resolution

Professional Services

Community Services

Relevant Teams

Legal

Family Law

Dispute Resolution

Child Protection

Family Support

Document Processing

Client Services

Social Services

Alternative Dispute Resolution

Parenting Support

Relevant Roles

Family Lawyer

Legal Counsel

Mediator

Family Dispute Resolution Practitioner

Social Worker

Child Protection Officer

Family Court Liaison

Legal Secretary

Paralegal

Child Psychologist

Family Consultant

Family Support Worker

Industries






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