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Co Parenting Agreement Template for South Africa

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Key Requirements PROMPT example:

Co Parenting Agreement

"I need a Co-Parenting Agreement for a situation where I'll be working in Dubai while my children stay in South Africa with their mother; the agreement should start from March 2025 and include detailed provisions for international travel and video calling schedules."

Document background
The Co-Parenting Agreement is a vital legal document used in South Africa when parents who are separated, divorced, or were never married need to formalize their arrangements for raising their children together. This document is particularly important as it provides a clear framework that aligns with the Children's Act 38 of 2005 and other relevant South African legislation. It is typically used when parents want to establish legally binding arrangements for their children's care, either during separation, after divorce, or in cases where they were never in a formal relationship. The agreement covers crucial aspects such as living arrangements, contact schedules, decision-making processes, and financial responsibilities, while ensuring compliance with South African legal requirements and protecting the best interests of the child. It can be used both as a standalone agreement or in conjunction with divorce proceedings, and may be reviewed by the Family Advocate's office to ensure it meets all legal requirements and serves the children's best interests.
Suggested Sections

1. Parties: Details of both parents including full names, ID numbers, physical addresses, and contact information

2. Background: Brief history of the relationship, children involved, and current living situation

3. Definitions: Key terms used throughout the agreement including 'primary residence', 'contact', 'parental responsibilities and rights'

4. Best Interests of the Child: Statement of commitment to prioritizing children's best interests and general principles guiding the agreement

5. Primary Residence and Living Arrangements: Details of where children will primarily live and basic living arrangement structure

6. Contact Schedule: Detailed arrangements for time spent with each parent during regular weeks, holidays, and special occasions

7. Decision Making and Parental Responsibilities: Process for making major decisions about education, health, religion, and other significant aspects of children's lives

8. Financial Responsibilities: Details of how children's expenses will be shared, including maintenance, education, medical costs, and extra-curricular activities

9. Communication: Guidelines for communication between parents and with children, including methods and frequency

10. Dispute Resolution: Process for resolving disagreements, including mediation requirements before legal action

11. Amendment Procedure: Process for making changes to the agreement as children's needs evolve

12. General Provisions: Standard contractual clauses including governing law, entire agreement, and severability

Optional Sections

1. International Travel: Rules and procedures for international travel with children, used when either parent lives abroad or frequent international travel is anticipated

2. Relocation Provisions: Procedures and conditions for potential future relocation of either parent, included when relocation might be a possibility

3. Step-Parents and New Partners: Guidelines for introducing and involving new partners in children's lives, included when either parent is in a new relationship or likely to be

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

5. Extended Family Contact: Arrangements for maintaining relationships with grandparents and other extended family members, included when extended family plays significant role

6. Educational Requirements: Detailed provisions about school choice, extra-curricular activities, and educational expenses, included when specific educational plans need to be agreed upon

7. Religious and Cultural Practices: Agreements about religious upbringing and cultural practices, included when parents have different religious or cultural backgrounds

Suggested Schedules

1. Schedule A: Contact Calendar: Detailed calendar showing regular contact schedule, holiday arrangements, and special occasions

2. Schedule B: Financial Contribution Schedule: Detailed breakdown of each parent's financial obligations and payment schedules

3. Schedule C: Medical Information: Children's medical history, current medical providers, and health insurance information

4. Schedule D: Emergency Contacts: List of emergency contacts and their details, including alternative caregivers

5. Schedule E: Extra-curricular Activities: List of children's activities, associated costs, and transportation arrangements

6. Appendix 1: Communication Protocol: Detailed guidelines for day-to-day communication, including apps or tools to be used

7. Appendix 2: Important Documents: Copies of important documents such as birth certificates, passports, and medical cards

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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Family Law Attorney

Legal Counsel

Social Worker

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Child Psychologist

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