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Interim Custody Agreement Template for Canada

A Canadian Interim Custody Agreement is a temporary legal document that establishes parenting arrangements and decision-making responsibilities for children during a transitional period, typically while permanent custody arrangements are being determined. This document, governed by both federal and provincial family law legislation, outlines specific terms for parenting time, communication protocols, and decision-making authority. It serves as a binding agreement between parties until a final custody order is established or circumstances change substantially. The agreement must comply with relevant provincial family law legislation and the federal Divorce Act where applicable.

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What is a Interim Custody Agreement?

An Interim Custody Agreement is a crucial document used during transitional periods in family relationships, particularly during separation or divorce proceedings in Canada. This temporary arrangement provides structure and clarity regarding child custody and access arrangements while permanent solutions are being developed or negotiated. The document typically becomes necessary when parents separate and need immediate arrangements for child care and decision-making, but before a final court order or permanent agreement can be established. The agreement must comply with both federal legislation (such as the Divorce Act) and provincial family law statutes, incorporating provisions for parenting time, decision-making responsibilities, and communication protocols. It serves as a legally binding document until either a final custody order is issued or the parties agree to modify the arrangements.

What sections should be included in a Interim Custody Agreement?

1. Parties: Identification of all parties to the agreement, including full legal names and relationships to the child(ren)

2. Background: Brief description of the circumstances leading to the interim custody agreement and current family situation

3. Definitions: Definitions of key terms used throughout the agreement, including 'parenting time', 'decision-making responsibility', and other relevant terms

4. Children: Details of the children covered by the agreement, including full names, dates of birth, and current living arrangements

5. Purpose and Duration: Statement of the interim nature of the agreement and its intended duration or termination conditions

6. Parenting Time: Detailed schedule of when each parent will have time with the children, including regular schedule and transitions

7. Decision-Making Responsibility: Allocation of responsibility for major decisions regarding children's education, health, religion, and general welfare

8. Communication: Rules and methods for communication between parents regarding the children and between parents and children

9. Transportation and Exchanges: Details of how and where children will be transferred between parents

10. Dispute Resolution: Process for resolving disagreements about the interpretation or implementation of the agreement

11. Modification: Process for modifying the agreement if circumstances change

12. Governing Law: Statement that the agreement is governed by Canadian law and specific provincial jurisdiction

What sections are optional to include in a Interim Custody Agreement?

1. International Travel: Include when either parent has international connections or regular travel is anticipated

2. Special Needs Provisions: Include when children have specific medical, educational, or other special needs requiring additional coordination

3. Right of First Refusal: Include when parties want to give the other parent priority for childcare when the scheduled parent is unavailable

4. Relocation Provisions: Include when there's potential for either parent to move to a different city or region

5. Extended Family Access: Include when maintaining relationships with grandparents or other extended family members is a priority

6. Social Media and Privacy: Include when there are concerns about online presence and sharing of children's information

7. Cost Sharing: Include when there are significant shared expenses beyond basic support that need to be addressed

What schedules should be included in a Interim Custody Agreement?

1. Schedule A - Parenting Time Calendar: Detailed calendar showing regular parenting schedule, including holidays and special occasions

2. Schedule B - Contact Information: Comprehensive list of contact details for both parents, children, and emergency contacts

3. Schedule C - Children's Activities: List of children's current activities, schedules, and responsible parent for each

4. Schedule D - Medical Information: Children's medical information, including healthcare providers, medications, and allergies

5. Schedule E - School Information: Details of children's educational arrangements, including school contacts and schedules

6. Appendix 1 - Communication Log Template: Template for documenting important communications between parents

7. Appendix 2 - Expense Sharing Form: Template for tracking and sharing extraordinary expenses

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Canada

Document Type

Custody Agreement

Cost

Free to use

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