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Joint Physical And Legal Custody Agreement

Joint Physical And Legal Custody Agreement Template for England and Wales

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Key Requirements PROMPT example:

Joint Physical And Legal Custody Agreement

"I need a Joint Physical And Legal Custody Agreement for my two children (ages 8 and 11) that establishes a 50/50 living arrangement with their mother, including specific provisions for international travel as I frequently work in France."

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Document background
The Joint Physical And Legal Custody Agreement is essential when separated or divorced parents wish to formalize shared custody arrangements in England and Wales. This document becomes necessary when both parents agree to share both physical custody (actual care and residence) and legal custody (decision-making authority) of their children. It provides comprehensive coverage of living arrangements, contact schedules, decision-making processes, and dispute resolution mechanisms. The agreement must comply with the Children Act 1989 and subsequent family law legislation, emphasizing the paramount importance of the child's welfare. It's particularly relevant when parents want to maintain equal involvement in their children's upbringing while ensuring legal clarity and enforceability.
Suggested Sections

1. Parties: Details of both parents and children involved, including full names, addresses, and dates of birth

2. Background: Current situation, reason for agreement, and acknowledgment of Children Act 1989 principles

3. Definitions: Key terms used throughout the agreement including 'Physical Custody', 'Legal Custody', 'Parental Responsibility'

4. Physical Custody Arrangements: Detailed schedule of where children will reside, including primary residence and transition times

5. Legal Custody Provisions: Decision-making rights and responsibilities of both parents regarding education, health, and welfare

6. Communication Protocol: Methods and frequency of communication between parents regarding children's matters

7. Dispute Resolution: Process for resolving disagreements, including mediation requirements before court proceedings

Optional Sections

1. Holiday Arrangements: Special arrangements for school holidays, religious festivals, and other significant dates

2. International Travel: Protocol for international travel including passport arrangements and consent requirements

3. Education Provisions: Specific agreements about school choice, extra-curricular activities, and educational decisions

4. Medical Care: Detailed healthcare decision-making protocol and emergency procedures

Suggested Schedules

1. Schedule 1: Contact Schedule: Detailed calendar of regular custody arrangements including pick-up and drop-off times

2. Schedule 2: Holiday Calendar: Annual schedule for holidays, special occasions, and school breaks

3. Schedule 3: Communication Log: Template for recording important communications and decisions between parents

4. Appendix A: Emergency Contacts: List of emergency contacts, medical information, and important phone numbers

5. Appendix B: Expense Sharing: Framework for sharing child-related expenses and financial responsibilities

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
Relevant legal definitions






























Clauses






























Industries

Children Act 1989: Primary legislation governing child arrangements, establishing the welfare principle (child's best interests are paramount), defining and regulating parental responsibility and how it can be shared between parents

Family Law Act 1996: Legislation covering provisions relating to family homes and domestic violence protections, essential for establishing living arrangements in custody agreements

Child Arrangements and Contact Order Regulations 2020: Recent amendments to contact arrangements during emergencies such as the coronavirus pandemic, affecting how shared custody can be implemented during exceptional circumstances

Adoption and Children Act 2002: Contains modifications to Children Act 1989 and additional provisions about parental responsibility, relevant for understanding the complete legal framework of custody arrangements

Children and Families Act 2014: Updates to the family justice system and introduction of child arrangement orders, modernizing how custody arrangements are handled

Family Procedure Rules 2010: Procedural rules governing how family court cases should be conducted and how custody arrangements should be formally established

CAFCASS Guidelines: Guidelines from the Children and Family Court Advisory and Support Service, providing practical guidance on implementing custody arrangements in the best interests of 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

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