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Separation Custody Agreement Template for Australia

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Key Requirements PROMPT example:

Separation Custody Agreement

"I need a Separation Custody Agreement for three children under 12, with a 60/40 custody split between parents where I have primary custody, and my ex-partner frequently travels internationally for work; the agreement should include specific provisions for video calls and make-up time for missed visits."

Document background
A Separation Custody Agreement is a crucial legal document used in Australian family law when parents who are separating need to formalize arrangements for their children's care and upbringing. This document becomes necessary when parents separate and need to establish clear, legally-binding guidelines for shared parenting responsibilities. It encompasses all aspects of children's care, from living arrangements to education and healthcare decisions, while complying with the Family Law Act 1975 and related Australian legislation. The agreement can be used both in amicable separations where parents reach mutual decisions, or as part of a more formal dispute resolution process. It serves as a foundation for ongoing co-parenting relationships and can be registered with the Family Court of Australia for additional legal weight.
Suggested Sections

1. Parties: Identification of both parents, including full legal names, addresses, and their relationship to the children

2. Background: Brief history of the relationship, separation, and current living arrangements

3. Definitions: Clear definitions of key terms used throughout the agreement

4. Children's Details: Full names, dates of birth, and current living arrangements of all children covered by the agreement

5. Parental Responsibility: Statement of shared parental responsibility and decision-making processes for major long-term issues

6. Living Arrangements: Primary residence arrangements and detailed schedule for time spent with each parent

7. Communication: Methods and frequency of communication between parents and with children

8. Education: Arrangements regarding school choice, educational decisions, and sharing of school information

9. Healthcare: Medical decision-making, health insurance, and emergency procedures

10. Financial Responsibilities: Division of expenses related to children's care, including education, medical, and extra-curricular activities

11. Dispute Resolution: Process for resolving disagreements and making modifications to the agreement

12. Review and Modification: Timeframes and procedures for reviewing and updating the agreement

13. Execution: Signing requirements and declaration of understanding by both parties

Optional Sections

1. International Travel: Include when either parent has international ties or regular overseas travel is anticipated

2. Religious Upbringing: Include when parents have different religious beliefs or specific religious education is desired

3. Special Needs Provisions: Include when any child has special medical, educational, or developmental needs

4. Grandparent Access: Include when maintaining specific relationships with extended family is important

5. Relocation Provisions: Include when there's possibility of either parent moving to a different city or state

6. Social Media and Privacy: Include when there are concerns about online presence and sharing of children's information

7. Step-Parent Relationships: Include when either parent has new partners who play a significant role in the children's lives

8. Cultural Considerations: Include for families with specific cultural practices or heritage that should be maintained

Suggested Schedules

1. Schedule A - Contact Schedule: Detailed calendar of regular living arrangements, including school terms, holidays, and special occasions

2. Schedule B - Financial Schedule: Detailed breakdown of regular and extraordinary expenses and payment arrangements

3. Schedule C - Medical Information: Children's medical history, allergies, medications, and healthcare providers

4. Schedule D - Extended Family Contact: Schedule of contact with grandparents and other significant family members

5. Schedule E - Extra-curricular Activities: List of approved activities, associated costs, and transport arrangements

6. Appendix 1 - Communication Protocol: Detailed guidelines for parent-to-parent and parent-child communication

7. Appendix 2 - Emergency Procedures: Step-by-step procedures for medical emergencies and other urgent situations

8. Appendix 3 - Important Contacts: List of schools, doctors, counselors, and emergency contacts

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 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 Care

Professional Services

Public Sector

Community Services

Relevant Teams

Legal

Family Law

Dispute Resolution

Social Services

Client Services

Document Processing

Compliance

Family Support

Child Services

Relevant Roles

Family Lawyer

Legal Counsel

Family Court Judge

Family Dispute Resolution Practitioner

Social Worker

School Principal

Child Care Director

Healthcare Administrator

Family Counselor

Mediator

Legal Secretary

Paralegal

Child Support Officer

Family Support Worker

Industries







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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