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Divorce Custody Agreement Template for Switzerland

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Key Requirements PROMPT example:

Divorce Custody Agreement

"I need a Divorce Custody Agreement for joint custody of two children (ages 8 and 11) where I will be the primary custodial parent in Geneva, with specific provisions for my ex-spouse's monthly visitation rights and arrangements for their relocation to Germany in March 2025."

Document background
The Divorce Custody Agreement is a crucial legal document required under Swiss law when parents separate or divorce and need to establish formal arrangements for their children's care. This document, regulated by the Swiss Civil Code (ZGB/CC), particularly Articles 133-134 and 296-298, outlines comprehensive custody arrangements, parental responsibilities, and decision-making authority. It must address all aspects of the child's welfare, from living arrangements to education and healthcare decisions. The agreement requires approval from Swiss authorities and must prioritize the best interests of the child. It serves as the primary reference point for all custody-related matters and can be modified through official channels when circumstances change. This document is particularly important in Switzerland's multilingual and multicultural context, often requiring consideration of international elements when one or both parents have connections to other countries.
Suggested Sections

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

2. Background: Brief history of the marriage, separation/divorce status, and current living arrangements

3. Definitions: Key terms used throughout the agreement including 'custody', 'visitation', 'parental authority', etc.

4. Legal Jurisdiction: Confirmation of Swiss law application and competent courts

5. Custody Arrangement: Primary custody designation and detailed living arrangements

6. Parental Authority: Specification of joint or sole parental authority and decision-making rights

7. Visitation Schedule: Detailed regular visitation arrangements for the non-custodial parent

8. Holiday and Special Occasions: Specific arrangements for holidays, birthdays, and special events

9. Communication: Rules and methods for communication between parents and with children

10. Education and Schooling: Arrangements regarding school choice, parent-teacher meetings, and educational decisions

11. Healthcare: Medical decision-making authority and health insurance arrangements

12. Financial Responsibilities: Division of costs related to childcare, education, and healthcare

13. Modification Procedure: Process for requesting and implementing changes to the agreement

14. Dispute Resolution: Procedures for resolving disagreements about custody matters

15. Execution: Signature block and notarization requirements

Optional Sections

1. International Travel: Rules for international travel with children, necessary when parents have different nationalities or frequent international travel is expected

2. Relocation Provisions: Procedures for handling potential relocation of either parent, particularly relevant for international families

3. Language and Cultural Education: Arrangements for maintaining multiple languages or cultural connections, relevant for multicultural families

4. Religious Upbringing: Agreements regarding religious education and practices, when parents have different religious beliefs

5. Extended Family Access: Arrangements for maintaining relationships with grandparents and other extended family members

6. Special Needs Provisions: Additional arrangements for children with special needs or medical conditions

7. Digital Communication Rules: Guidelines for video calls, social media usage, and online communication with children

8. Temporary Custody Modifications: Procedures for temporary changes due to work commitments or other special circumstances

Suggested Schedules

1. Schedule A - Detailed Visitation Calendar: Month-by-month calendar showing regular visitation schedule

2. Schedule B - Holiday Rotation Schedule: Multi-year rotation plan for holidays and special occasions

3. Schedule C - Contact Information: Comprehensive list of important contacts including schools, doctors, and emergency contacts

4. Schedule D - Financial Responsibility Breakdown: Detailed breakdown of shared expenses and payment responsibilities

5. Appendix 1 - Communication Log Template: Standard format for documenting important communications between parents

6. Appendix 2 - Medical Information: Children's medical history, allergies, and current treatment plans

7. Appendix 3 - Educational Records: Current school information and academic records

8. Appendix 4 - Travel Authorization Template: Standard form for obtaining travel consent from non-traveling parent

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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