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Divorce Custody Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Divorce Custody Agreement

"I need a Divorce Custody Agreement for a joint custody arrangement where one parent is relocating to Singapore in March 2025, with provisions for regular video calls and monthly visits for our two children aged 8 and 10."

Document background
The Divorce Custody Agreement is a crucial legal document used in Hong Kong when parents are divorcing or have divorced and need to establish legally binding arrangements for the care and custody of their children. This document is essential for compliance with Hong Kong's legal framework, particularly the Matrimonial Causes Ordinance (Cap. 179) and the Guardianship of Minors Ordinance (Cap. 13). It typically follows divorce proceedings or can be modified from existing custody arrangements when circumstances change. The agreement covers all aspects of child custody, including physical custody arrangements, visitation schedules, decision-making authority, and financial responsibilities. It serves as a comprehensive guide for co-parenting and can be enforced by Hong Kong courts if either party fails to comply with its terms.
Suggested Sections

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

2. Background: Brief history of the marriage, divorce proceedings, and existing custody arrangements if any

3. Definitions: Definitions of key terms used throughout the agreement, including 'custody', 'guardianship', 'visitation rights', etc.

4. Custody Arrangements: Detailed specification of primary custody, joint custody arrangements, and residential arrangements

5. Visitation Rights: Comprehensive schedule of visitation rights for the non-custodial parent

6. Decision-Making Authority: Distribution of authority regarding education, healthcare, religious upbringing, and other major decisions

7. Financial Responsibilities: Allocation of financial responsibilities for child-related expenses

8. Communication Protocol: Rules and methods for communication between parents regarding child-related matters

9. Dispute Resolution: Process for resolving disagreements about custody and parenting matters

10. Modification Procedures: Process for making changes to the agreement as circumstances change

11. Governing Law: Specification of Hong Kong law as governing law and jurisdiction

Optional Sections

1. International Travel Arrangements: Required when either parent lives overseas or frequent international travel is anticipated

2. Special Needs Provisions: Include when the child has specific medical, educational, or other special needs requiring additional arrangements

3. Religious Upbringing: Include when parents have specific agreements about religious education or practices

4. Grandparent Rights: Include when specific arrangements for grandparent visitation need to be documented

5. Educational Arrangements: Include when specific provisions about school choice, tutoring, or educational decisions need to be detailed

6. Medical Care Provisions: Include when specific arrangements for medical decision-making or special medical needs exist

7. Relocation Provisions: Include when there's possibility of either parent relocating

8. Step-Parent/New Partner Guidelines: Include when either parent has remarried or has a new partner who will have significant interaction with the child

Suggested Schedules

1. Schedule A - Visitation Calendar: Detailed calendar showing regular visitation schedule, holidays, and special occasions

2. Schedule B - Contact Information: Current contact details for all relevant parties, including emergency contacts

3. Schedule C - Financial Breakdown: Detailed breakdown of financial responsibilities and payment schedules

4. Schedule D - Medical Information: Child's medical history, insurance information, and emergency procedures

5. Appendix 1 - School Information: Current school details, academic calendar, and education-related contacts

6. Appendix 2 - Activity Schedule: List of regular extracurricular activities and associated responsibilities

7. Appendix 3 - Travel Authorization Form: Template for travel authorization when one parent travels with the child

8. Appendix 4 - Modification Log: Record of any modifications made to the original agreement

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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