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Nesting Custody Agreement Template for Canada

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Key Requirements PROMPT example:

Nesting Custody Agreement

"I need a Nesting Custody Agreement for a 6-month trial separation starting January 2025, with specific provisions for our three school-age children to remain in our Vancouver home while my spouse and I rotate weekly."

Document background
The Nesting Custody Agreement is designed for separating or divorcing parents in Canada who prioritize their children's stability by maintaining a single primary residence for the children while the parents alternate living there. This arrangement, also known as "bird's nest custody," requires careful documentation of all practical and legal aspects of sharing and maintaining the family home. The agreement falls under both federal jurisdiction through the Divorce Act and provincial family law legislation, requiring compliance with both frameworks. It typically includes detailed provisions for residence scheduling, financial responsibilities, home maintenance, personal property management, and dispute resolution. This document is particularly suitable for parents who can maintain an amicable co-parenting relationship and are financially capable of maintaining both the family home and separate residences for when they are not with the children. The agreement should be reviewed by legal professionals to ensure it meets all jurisdictional requirements and adequately protects all parties' interests while prioritizing the children's wellbeing.
Suggested Sections

1. Parties: Identification of all parties to the agreement, including both parents and any other legal guardians

2. Background: Context of the agreement, including the parties' relationship status and reason for choosing nesting custody

3. Definitions: Definitions of key terms used throughout the agreement, including 'Nest Home', 'Rotation Schedule', 'Parenting Time'

4. Purpose and Principles: Statement of the agreement's purpose and guiding principles, emphasizing the best interests of the children

5. Nest Home Arrangements: Details about the designated family home, including ownership/rental status and maintenance responsibilities

6. Parental Rotation Schedule: Specific schedule for when each parent will reside in the nest home with the children

7. Financial Responsibilities: Allocation of costs related to the nest home, including mortgage/rent, utilities, maintenance, and household expenses

8. Children's Primary Residence: Designation of the nest home as the children's primary residence and any rules regarding children's possessions

9. Decision Making Authority: Framework for making decisions about the children and the nest home

10. Communication Protocol: Guidelines for communication between parents regarding schedule changes, maintenance issues, and children's needs

11. Household Rules: Standard rules for maintaining the nest home, including cleanliness, food, and personal belongings

12. Dispute Resolution: Process for resolving disagreements about the nesting arrangement

13. Term and Termination: Duration of the agreement and circumstances under which it can be terminated or modified

14. Governing Law: Specification of applicable jurisdiction and laws governing the agreement

Optional Sections

1. New Partners: Guidelines regarding new partners' presence in the nest home, to be included if either parent is in or likely to enter a new relationship

2. Relocation Provisions: Procedures for handling potential relocation of either parent, included when relocation is foreseeable

3. Secondary Residences: Details about where parents live when not in the nest home, included when secondary residences affect the arrangement

4. Emergency Procedures: Specific protocols for emergencies, included when there are special health or safety concerns

5. Property Insurance: Special insurance arrangements for the nest home, included when complex insurance situations exist

6. Tax Considerations: Allocation of tax benefits and responsibilities, included when there are significant tax implications

7. Pets: Arrangements for family pets in the nest home, included when pets are part of the family

8. Home Business: Rules regarding operation of home-based businesses, included when either parent works from home

Suggested Schedules

1. Schedule A - Detailed Rotation Calendar: Detailed calendar showing the rotation schedule, including holidays and special occasions

2. Schedule B - Household Inventory: Inventory of furniture, appliances, and shared items that remain in the nest home

3. Schedule C - Monthly Budget: Detailed budget for nest home expenses and cost sharing arrangements

4. Schedule D - Maintenance Schedule: Schedule for regular home maintenance tasks and responsible parties

5. Schedule E - Contact Information: Emergency contacts, medical providers, and other important contact information

6. Appendix 1 - Floor Plan: Floor plan showing designated storage areas for each parent's personal items

7. Appendix 2 - Handover Checklist: Checklist for parents to complete during rotation transitions

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

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Legal Services

Real Estate

Family Services

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Mental Health Services

Financial Services

Insurance

Property Management

Relevant Teams

Legal

Family Law

Alternative Dispute Resolution

Real Estate

Property Management

Client Services

Document Processing

Compliance

Advisory Services

Relevant Roles

Family Law Attorney

Divorce Lawyer

Mediator

Family Court Judge

Legal Assistant

Paralegal

Real Estate Agent

Property Manager

Financial Advisor

Family Therapist

Social Worker

Child Psychologist

Insurance Agent

Estate Planner

Family Court Administrator

Industries






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