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Custody Settlement Agreement Template for England and Wales

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Key Requirements PROMPT example:

Custody Settlement Agreement

"I need a Custody Settlement Agreement for two children aged 8 and 10, with primary residence with me in London and contact arrangements for their father who lives in Manchester, including specific provisions for school holidays and international travel."

Document background
A Custody Settlement Agreement is essential when parents separate or divorce and need to formalize arrangements for their children's care. This document, governed by English and Welsh law, particularly the Children Act 1989, provides a comprehensive framework for child custody arrangements, including residence, contact schedules, decision-making authority, and specific provisions for education, healthcare, and religious upbringing. The agreement must prioritize the child's best interests and can be used both in court proceedings and as a standalone agreement between cooperating parents.
Suggested Sections

1. Parties: Details of parents/guardians involved in the agreement

2. Background: Context of the custody arrangement and relevant family history

3. Definitions: Key terms used throughout the agreement

4. Custody Arrangements: Primary residence and care arrangements

5. Visitation Schedule: Detailed contact arrangements including holidays

6. Decision Making Rights: Authority over education, healthcare, and other major decisions

Optional Sections

1. International Travel: Used when either parent lives abroad or frequent international travel is expected

2. Religious Upbringing: Include when parents have different religious beliefs

3. Educational Provisions: Specific arrangements for schooling if not standard

4. Medical Care: Include if child has specific medical needs

Suggested Schedules

1. Schedule 1: Contact Schedule: Detailed calendar of regular contact arrangements

2. Schedule 2: Holiday Schedule: Special arrangements for school holidays and festivals

3. Schedule 3: Communication Protocol: Rules for communication between parents and with children

4. Appendix A: Parenting Plan: Detailed guidelines for day-to-day parenting decisions

5. Appendix B: Emergency Contacts: List of emergency contacts and medical information

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
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Relevant Roles
Industries

Children Act 1989: Primary legislation that defines parental responsibility, establishes the welfare principle (child's best interests are paramount), sets out court orders relating to children, and outlines residency and contact arrangements

Family Law Act 1996: Framework legislation for family proceedings, addressing domestic violence provisions and dealing with occupation rights

Children and Families Act 2014: Updates child arrangement orders, emphasizes parental involvement, and introduces mediation requirements

Human Rights Act 1998: Incorporates European Convention rights including Article 8 (right to respect for private and family life) and Article 6 (right to a fair trial)

Child Support Act 1991: Legislation governing financial arrangements and maintenance for children

Matrimonial Causes Act 1973: Relevant when custody agreement is part of divorce proceedings

Family Procedure Rules 2010: Sets out procedural requirements and court protocols for family proceedings

Practice Directions: Specific court guidance and protocols on custody matters and family proceedings

Brussels II bis Regulation: Pre-Brexit regulation governing cross-border family matters in the EU

1996 Hague Convention: International treaty governing cross-border child protection measures and custody issues

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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