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Split Custody Agreement Template for England and Wales

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Key Requirements PROMPT example:

Split Custody Agreement

"I need a Split Custody Agreement for my two children (ages 8 and 11) that establishes a 60/40 time split between parents, with specific provisions for international travel as I frequently work in France, to be effective from January 2025."

Document background
A Split Custody Agreement becomes necessary when parents or legal guardians decide to share custody of their children in separate households. This document, governed by England and Wales law, provides a comprehensive framework for managing shared custody arrangements, including residence schedules, decision-making authority, and communication protocols. It must align with the Children Act 1989 and subsequent family legislation, ensuring the child's best interests remain paramount. The agreement typically includes detailed provisions for regular contact, holiday arrangements, education, healthcare decisions, and dispute resolution mechanisms.
Suggested Sections

1. Parties: Details of both parents/guardians involved in the split custody arrangement

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

3. Definitions: Key terms used throughout the agreement including relevant legislation references

4. Custody Schedule: Detailed breakdown of time allocation between parents and primary residence arrangements

5. Decision-Making Rights: Division of authority regarding education, health, and welfare decisions

6. Communication Protocol: Rules for communication between parents regarding child matters

7. Governing Law: Confirmation that the agreement is governed by the laws of England and Wales

Optional Sections

1. Holiday Arrangements: Special arrangements for school holidays, religious festivals, and other significant dates

2. International Travel: Rules and procedures for taking children abroad, including passport arrangements

3. Financial Provisions: Arrangements for child maintenance, shared expenses, and financial responsibilities

4. Dispute Resolution: Procedures for resolving disagreements between parties before seeking court intervention

5. Review and Modification: Provisions for periodic review and modification of the agreement as children's needs change

Suggested Schedules

1. Schedule 1: Contact Schedule: Detailed calendar of custody arrangements including pick-up and drop-off times

2. Schedule 2: Holiday Calendar: Annual schedule of holiday arrangements and special occasions

3. Schedule 3: Financial Schedule: Breakdown of financial contributions and payment arrangements

4. Appendix A: Emergency Contacts: List of emergency contacts, medical information, and healthcare providers

5. Appendix B: School Information: Details of educational arrangements, school contacts, and extra-curricular activities

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

Relevant legal definitions

























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Relevant Industries
Relevant Teams
Relevant Roles
Industries

Children Act 1989: Primary legislation that establishes fundamental principles of child welfare, defines parental responsibility, and contains the 'welfare checklist'. Provides framework for court orders relating to children.

Family Law Act 1996: Framework legislation for domestic proceedings and contains important provisions regarding family homes and occupation rights.

Children and Families Act 2014: Modern update to family law that introduces child arrangement orders and reinforces the paramount importance of the child's best interests.

Human Rights Act 1998: Ensures compliance with human rights principles, particularly Article 8 regarding the right to family life.

Child Support Act 1991: Legislation governing financial arrangements and support for children in family breakdowns.

Welfare Reform Act 2009: Legislation that may impact financial arrangements and support in split custody situations.

Family Procedure Rules 2010: Sets out the procedural requirements and rules for family arrangements and court proceedings.

CAFCASS Guidelines: Best practice guidelines from the Children and Family Court Advisory and Support Service for child arrangements.

Paramountcy Principle: Legal principle stating that the child's best interests are paramount in any decision affecting them.

No Order Principle: Legal principle stating that courts should not make an order unless doing so would be better than making no order at all.

Welfare Checklist: Statutory checklist of factors courts must consider when making decisions about a child's upbringing.

Shared Parental Involvement Principle: Legal principle promoting the involvement of both parents in the child's life where safe and appropriate.

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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