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Custody Agreement Without Divorce Template for Canada

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Key Requirements PROMPT example:

Custody Agreement Without Divorce

"I need a Custody Agreement Without Divorce for my two children (ages 8 and 11) with shared custody, where I will have them on weekdays and their mother will have them on weekends, with special provisions for international travel as she frequently visits family in Europe."

Document background
The Custody Agreement Without Divorce is designed for situations where parents are separating or living apart but not seeking a divorce, or where unmarried parents need to formalize their custody arrangements. This document is particularly relevant in Canadian jurisdictions where it must comply with both federal principles and provincial family law legislation. The agreement comprehensively addresses all aspects of child custody, including physical custody arrangements, decision-making authority, support obligations, and parenting time schedules. It serves as a legally binding document that can be enforced through the court system if necessary, while providing flexibility for parents to create arrangements that best serve their children's needs. The agreement can be used by both married parents who are separating without divorce and unmarried parents who need to establish formal custody arrangements.
Suggested Sections

1. Parties: Identifies all parties to the agreement, including full legal names and relationships to the child(ren)

2. Background: Outlines the current family situation, relationship status, and reason for the custody agreement

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Children: Details of the children covered by the agreement, including full names, dates of birth, and current living arrangements

5. Custody Arrangements: Specifies the type of custody (sole, joint, or shared) and decision-making responsibilities

6. Parenting Time: Detailed schedule of when each parent will have time with the children, including regular schedule and holidays

7. Communication: Rules and methods for communication between parents regarding the children and between parents and children

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

9. Child Support: Financial arrangements for supporting the children, including regular payments and special expenses

10. Transportation and Exchange: Details about how and where children will be transferred between parents

11. Dispute Resolution: Process for resolving disagreements about the interpretation or implementation of the agreement

12. Modification: Process for making changes to the agreement as circumstances change

13. Governing Law: Specifies that the agreement is governed by Canadian law and relevant provincial legislation

Optional Sections

1. International Travel: Required when there's potential for international travel with the children or if one parent has international ties

2. Relocation Provisions: Needed when there's possibility of one parent moving to a different city or province

3. Extended Family Access: Used when grandparents or other family members need specified access rights

4. Special Needs Provisions: Required for children with special medical, educational, or other needs

5. Educational Arrangements: Detailed provisions for school choice, extra-curricular activities, and educational expenses

6. Religious Upbringing: Needed when parents have different religious beliefs or specific religious requirements for the children

7. Medical Decision-Making: Detailed healthcare decision-making process, particularly important for children with ongoing medical needs

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

9. Right of First Refusal: Provision allowing a parent to care for the children when the other parent is unavailable during their parenting time

Suggested Schedules

1. Schedule A - Parenting Time Calendar: Detailed calendar showing regular parenting schedule, holidays, and special occasions

2. Schedule B - Child Support Calculations: Detailed breakdown of child support calculations and special expenses

3. Schedule C - Children's Special Expenses: List of agreed-upon special expenses and cost-sharing arrangements

4. Schedule D - Communication Protocol: Detailed communication guidelines, including methods, timing, and emergency procedures

5. Schedule E - Holiday Schedule: Specific arrangements for holidays, school breaks, and special occasions

6. Appendix 1 - Medical Information: Children's medical history, allergies, medications, and healthcare providers

7. Appendix 2 - Contact Information: Complete contact details for both parents, emergency contacts, and relevant caregivers

8. Appendix 3 - School Information: Details of children's schools, teachers, and extra-curricular activities

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

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Relevant Industries

Legal Services

Social Services

Family Services

Education

Healthcare

Child Protection Services

Alternative Dispute Resolution

Court Services

Relevant Teams

Legal

Family Law

Document Processing

Alternative Dispute Resolution

Social Services

Court Administration

Child Protection

Client Services

Case Management

Relevant Roles

Family Law Attorney

Legal Aid Lawyer

Paralegal

Family Court Judge

Mediator

Social Worker

Family Support Worker

Child Protection Officer

Family Court Administrator

Legal Document Specialist

Family Law Legal Assistant

Child Custody Evaluator

Family Services Coordinator

Alternative Dispute Resolution Specialist

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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