Custody And Support Agreement

Custody And Support Agreement Template for South Africa

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Key Requirements PROMPT example:

"I need a Custody and Support Agreement for my upcoming divorce to be finalized in March 2025, with equal shared custody of our two children (ages 8 and 10) and monthly maintenance of R8,000 per child, including provisions for sharing educational and medical expenses equally between both parents."

Document background

The Custody and Support Agreement is a vital legal document used in South Africa when parents need to formalize arrangements regarding their children's care and maintenance, whether following separation, divorce, or in cases where parents were never married. This agreement must comply with South African legislation, particularly the Children's Act 38 of 2005 and the Maintenance Act 99 of 1998, ensuring that all provisions align with the constitutional principle of the best interests of the child. The document covers crucial aspects such as primary residence, contact schedules, maintenance payments, medical care, education, and dispute resolution procedures. It can be used either as part of divorce proceedings or as a standalone agreement between unmarried parents, and typically requires review by the Family Advocate's office when minor children are involved.

Suggested Sections

1. Parties: Full details of both parents including their full names, identity numbers, physical addresses, and contact information

2. Background: Brief history of the parties' relationship, details of the children involved, and current living arrangements

3. Definitions: Definitions of key terms used throughout the agreement including 'primary residence', 'contact', 'maintenance', etc.

4. Best Interests of the Child: Statement affirming that all provisions are made in accordance with the best interests of the child principle

5. Parental Rights and Responsibilities: Detailed outline of how parental rights and responsibilities will be shared or divided between parties

6. Primary Residence: Specification of which parent will be the primary caregiver and where the child will primarily reside

7. Contact Arrangements: Detailed visitation schedule including regular contact, holidays, special occasions, and means of communication

8. Maintenance Obligations: Financial responsibilities including monthly maintenance amount, additional expenses, and payment arrangements

9. Medical Care: Arrangements for medical aid, responsibility for medical expenses, and decision-making regarding medical treatment

10. Education: Agreements regarding choice of schools, payment of school fees, and educational decisions

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

12. Amendment Procedure: Process for making changes to the agreement

13. General Provisions: Standard legal clauses including governing law, jurisdiction, and entire agreement clause

Optional Sections

1. International Travel: Requirements and procedures for international travel with the child, including passport arrangements and consent requirements

2. Religious Upbringing: Agreements regarding the child's religious education and practices, if relevant to the parties

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

4. Relocation Provisions: Procedures and requirements if either parent wishes to relocate with the child

5. Extended Family Contact: Arrangements for maintaining relationships with grandparents and other extended family members

6. Social Media and Privacy: Guidelines for sharing information and photos of the child on social media platforms

7. Extra-curricular Activities: Agreement on participation in and payment for extra-curricular activities

8. Emergency Protocol: Procedures for emergency situations and urgent medical decisions

Suggested Schedules

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

2. Schedule B - Maintenance Breakdown: Detailed breakdown of all financial obligations including basic maintenance, medical expenses, education costs, and extra-curricular activities

3. Schedule C - Medical Information: Child's medical history, current medical conditions, allergies, and regular medications

4. Schedule D - Education Details: Current school information, academic records, and special educational requirements

5. Schedule E - Emergency Contacts: List of emergency contacts, including medical practitioners and family members

6. Appendix 1 - Communication Guidelines: Detailed guidelines for communication between parents and with the child

7. Appendix 2 - Decision-Making Framework: Framework for making major decisions affecting the child's welfare

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Legal Services

Social Services

Family Law

Child Protection Services

Alternative Dispute Resolution

Public Service

Healthcare

Education

Relevant Teams

Legal

Family Law

Dispute Resolution

Document Processing

Client Relations

Social Services

Administrative Support

Compliance

Child Protection

Relevant Roles

Family Law Attorney

Legal Counsel

Paralegal

Family Advocate

Social Worker

Mediator

Legal Administrator

Court Official

Family Court Judge

Legal Document Specialist

Child Welfare Officer

Commissioner of Oaths

Legal Secretary

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