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A Custody Agreement sets out the legal arrangements for caring for children after parents separate or divorce under Belgian family law. It spells out how parents will share responsibilities, including where children will live, daily care decisions, and how they'll handle holidays and special occasions.

In Belgium, these agreements must prioritize the child's best interests and typically cover both physical custody (verblijfsregeling) and legal custody (ouderlijk gezag). Courts encourage parents to create these agreements together through mediation, but will issue binding arrangements if parents can't reach consensus. Once approved by a family court judge, the agreement becomes legally enforceable.

Parents need a Custody Agreement any time they separate or divorce and have children under 18. In Belgium, it's essential to create this agreement early in the separation process, ideally before moving into separate households. This helps prevent conflicts about childcare arrangements and ensures stability for the children from day one.

Common triggers for drafting a Custody Agreement include: planning to live apart, filing for divorce, relocating to a different city, or when informal arrangements start causing conflicts. Getting it done through mediation or with help from family law experts saves time and stress compared to letting a court impose arrangements later.

• Co Parenting Agreement: Focuses on day-to-day decision-making and communication between parents who maintain an active role in raising children together
• Parental Plan Agreement: Detailed schedule and rules for child-rearing, including education, healthcare, and extracurricular activities
• Separation Custody Agreement: Used during initial separation, outlining temporary arrangements before divorce finalization
• Shared Custody Agreement: Establishes equal or near-equal time divisions between both parents' homes
• Shared Parenting Agreement: Comprehensive plan covering both physical custody and joint decision-making responsibilities

• Separating Parents: The primary parties who negotiate, agree to, and must follow the Custody Agreement's terms regarding their children's care
• Family Law Attorneys: Help draft agreements, ensure legal compliance, and protect their clients' interests during negotiations
• Mediators: Guide parents through creating mutually acceptable agreements before court involvement becomes necessary
• Family Court Judges: Review and approve agreements, ensure they serve the children's best interests, and resolve disputes
• Social Workers: Evaluate family situations and provide recommendations for custody arrangements
• School Officials: Must understand and follow the agreement's terms regarding educational decisions and information sharing

• Basic Information: Gather full names, addresses, and birthdates of all parents and children involved
• Schedule Details: Map out both regular weekly routines and special occasions like holidays and school breaks
• Financial Planning: Document income sources, child-related expenses, and how costs will be shared
• Living Arrangements: Detail each parent's home situation and proximity to children's schools
• Decision Rights: Clarify how major choices about education, healthcare, and activities will be made
• Communication Plan: Establish how parents will share information and handle schedule changes
• Document Generation: Use our platform to create a legally-sound agreement that includes all required elements

• Identification Section: Full legal names and details of all parents and children, including birthdates and addresses
• Physical Custody Terms: Detailed residential schedule, including regular weekdays, weekends, and holidays
• Legal Authority: Clear outline of parental rights and responsibilities for major decisions
• Financial Provisions: Breakdown of child support, medical costs, and expense sharing arrangements
• Communication Protocol: Rules for parent-to-parent information sharing and decision-making processes
• Modification Terms: Procedures for changing the agreement as children's needs evolve
• Dispute Resolution: Process for handling disagreements before court intervention
• Signatures and Dating: Space for both parents' signatures and official dating of the document

A Custody Agreement differs significantly from a Cohabitation Agreement in Belgian law, though they're often discussed together during separations. While both deal with family matters, their focus and legal implications are quite distinct.

• Primary Focus: Custody Agreements specifically address children's care and welfare, while Cohabitation Agreements deal with property rights and financial arrangements between partners
• Legal Requirements: Custody Agreements must be approved by family courts and prioritize children's interests; Cohabitation Agreements are private contracts between adults
• Modification Process: Custody Agreements can be modified when children's needs change, requiring court approval; Cohabitation Agreements typically remain static unless both parties agree to changes
• Enforcement Mechanisms: Custody violations can trigger immediate court intervention; Cohabitation disputes are handled through standard contract law procedures