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Permanent Custody Agreement for the United Kingdom

Permanent Custody Agreement Template for England and Wales

A Permanent Custody Agreement under English and Welsh law is a legally binding document that establishes the long-term care arrangements for children following separation, divorce, or other circumstances requiring formal custody arrangements. It comprehensively outlines parental responsibilities, living arrangements, contact schedules, and decision-making processes, all while adhering to the paramount principle of the child's best interests as established by the Children Act 1989.

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What is a Permanent Custody Agreement?

The Permanent Custody Agreement is a crucial legal document used in England and Wales when establishing long-term care arrangements for children. This agreement becomes necessary following divorce, separation, or other circumstances where formal custody arrangements need to be established. It provides comprehensive coverage of all aspects of child care and custody, including living arrangements, education, healthcare decisions, and contact schedules. The document must comply with the Children Act 1989 and related legislation, ensuring the child's best interests remain paramount. It can be used either as part of court proceedings or as a mutual agreement between parties, provided it meets legal requirements.

What sections should be included in a Permanent Custody Agreement?

1. Parties: Details of all parties involved, including parents/guardians and their legal status

2. Background: Context of the custody arrangement and relevant family history

3. Definitions: Key terms used throughout the agreement

4. Custody Arrangements: Primary residence and care arrangements for the child(ren)

5. Parental Responsibilities: Detailed obligations and duties of each party

6. Contact Arrangements: Visitation schedule and communication protocols

7. Decision Making: Process for making important decisions about the child(ren)'s welfare

What sections are optional to include in a Permanent Custody Agreement?

1. International Travel: Used when parties live in different countries or frequent international travel is expected

2. Special Medical Provisions: Required when child(ren) have specific medical needs

3. Educational Arrangements: When specific educational decisions need to be documented

4. Religious Upbringing: When parties have specific agreements about religious education

What schedules should be included in a Permanent Custody Agreement?

1. Schedule 1: Contact Schedule: Detailed calendar of contact arrangements including holidays

2. Schedule 2: Financial Arrangements: Details of any financial support arrangements

3. Appendix A: Medical Information: Child(ren)'s medical history and requirements

4. Appendix B: Education Information: Current educational arrangements and requirements

Authors

Alex Denne

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

Jurisdiction

England and Wales

Publisher

Ƶ

Document Type

Custody Agreement

Cost

Free to use
Relevant legal definitions































Clauses






























Industries

Children Act 1989: Primary legislation for child custody matters that introduces parental responsibility concept, establishes the welfare principle (child's best interests are paramount), and defines various types of court orders relating to children

Family Law Act 1996: Framework legislation for family proceedings that governs domestic arrangements and living conditions in custody situations

Adoption and Children Act 2002: Legislation relevant for custody arrangements involving adoption scenarios and modifications to the Children Act 1989

Human Rights Act 1998: Ensures compliance with human rights obligations, particularly Article 8 regarding the right to respect for private and family life

Child Abduction Act 1984: Addresses international aspects of custody and prevention of child removal, particularly important when parties have foreign connections

Equality Act 2010: Ensures non-discrimination in custody arrangements and protects against unfair treatment based on protected characteristics

Domestic Abuse Act 2021: Provides safeguarding provisions and considerations for custody arrangements where domestic abuse may be a factor

Relevant Case Law: Body of precedents from family courts, particularly those dealing with permanent custody arrangements, that must be considered in drafting custody agreements

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