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A Custody Agreement sets out the legal arrangements for caring for children after their parents separate or divorce in New Zealand. It spells out who has day-to-day care of the children, when they spend time with each parent, and how key decisions about their upbringing will be made.

Under the Care of Children Act 2004, these agreements can be informal arrangements between parents or formal court orders. They cover essential matters like education choices, healthcare decisions, and holiday schedules. Parents often create these agreements through mediation or family dispute resolution services, helping them avoid costly court battles while putting their children's best interests first.

Parents need a Custody Agreement when they separate or divorce and must establish clear arrangements for their children's care. The ideal time to create this agreement is early in the separation process, before conflicts escalate or temporary arrangements become difficult habits to change.

These agreements become especially important when parents disagree about childcare schedules, school choices, or holiday arrangements. They're also crucial if one parent plans to move cities, when new partners enter the picture, or if communication between parents becomes strained. Getting the agreement in writing through Family Dispute Resolution helps prevent future misunderstandings and provides a solid framework for co-parenting.

• Legal Custody Agreement: The most formal type, court-approved and legally binding, covering all aspects of child care and decision-making rights
• Split Custody Agreement: Used when siblings live separately with different parents, detailing specific arrangements for each child
• Shared Parenting Agreement: For equal or near-equal time-sharing, with detailed schedules and joint decision-making protocols
• Co Parenting Agreement: Focuses on day-to-day practical arrangements and communication between parents

• Parents/Guardians: The primary parties who negotiate, agree to, and must follow the Custody Agreement's terms for their children's care
• Family Court Judges: Review and approve formal agreements, ensure they meet legal requirements and serve children's best interests
• Family Lawyers: Draft agreements, advise parents on their rights, and help negotiate terms that comply with NZ family law
• Mediators: Help parents reach agreement through Family Dispute Resolution services before court involvement
• Social Workers: May provide input on arrangements, especially in cases involving safety concerns or special needs

• Child Information: Gather full names, ages, school details, and any special needs or health requirements
• Living Arrangements: Map out proposed schedules for regular care, holidays, and special occasions
• Financial Details: Document income sources, childcare costs, and how expenses will be shared
• Decision Rights: Plan how major choices about education, healthcare, and religious upbringing will be made
• Communication Plan: Establish how parents will share information and handle schedule changes
• Documentation: Use our platform to generate a legally-sound agreement that covers all essential elements under NZ law

• Parental Details: Full legal names, contact information, and current addresses of both parents
• Care Arrangements: Specific schedules for day-to-day care, holidays, and special occasions
• Decision Authority: Clear outline of who makes decisions about education, health, and religious matters
• Financial Responsibilities: Detailed breakdown of child support and shared expenses
• Dispute Resolution: Process for handling disagreements and making changes to the agreement
• Child's Best Interests: Statement showing how arrangements promote welfare under Care of Children Act
• Execution Requirements: Date, signatures of both parents, and witness details if required

A Custody Agreement differs significantly from an Arbitration Agreement, though both deal with dispute resolution. While Custody Agreements focus specifically on child care arrangements between parents, Arbitration Agreements provide a framework for resolving general legal disputes outside of court.

• Legal Focus: Custody Agreements center on children's welfare and care arrangements, while Arbitration Agreements cover any type of legal dispute resolution
• Parties Involved: Custody Agreements are between parents/guardians, while Arbitration Agreements can involve any disputing parties
• Court Oversight: Custody Agreements often require Family Court approval and can be modified based on changed circumstances, whereas Arbitration Agreements typically aim to avoid court involvement entirely
• Enforcement Method: Custody Agreements are enforced through family law mechanisms, while Arbitration Agreements rely on contract law and the Arbitration Act