The Separation Custody Agreement (Sorgerechtsvereinbarung) is a crucial legal document utilized when parents separate and need to establish clear guidelines for their children's care and custody under German law. This agreement becomes necessary whether parents were married or not, and can be drafted either during separation proceedings or independently. The document must comply with the German Civil Code (BGB), particularly sections 1626-1698 governing parental custody, and needs to be aligned with the child's best interests (Kindeswohl) as paramount under German law. It covers comprehensive arrangements for custody, visitation, decision-making authority, and parental responsibilities, while ensuring flexibility for future modifications as circumstances change. The agreement may require approval from the Family Court (Familiengericht) in certain cases and should be drafted with consideration of the Youth Welfare Office's (Jugendamt) recommendations.
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1. Parties: Identification of both parents and children, including full legal names, addresses, and birth dates
2. Background: Brief history of the relationship, separation status, and current living arrangements
3. Definitions: Key terms used throughout the agreement, including 'custody', 'visitation', 'emergency', etc.
4. Joint Custody Declaration: Statement of agreement to joint custody (gemeinsames Sorgerecht) or sole custody arrangements
5. Primary Residence: Designation of the child's primary residence and registration address
6. Visitation Schedule: Detailed arrangement of regular visitation times, including weekdays, weekends, and holidays
7. Decision-Making Authority: Distribution of decision-making rights regarding education, health, religion, and other major life decisions
8. Information Sharing: Obligations and procedures for sharing information about the child's health, education, and welfare
9. Communication: Guidelines for communication between parents and with the child
10. Travel and Vacation: Rules regarding domestic and international travel, including passport arrangements
11. Child Support: Financial arrangements for the child's maintenance according to German guidelines
12. Medical Care: Arrangements for medical decision-making and sharing of medical expenses
13. Dispute Resolution: Process for resolving disagreements about custody matters
14. Modification Clause: Procedures for modifying the agreement as circumstances change
15. Governing Law: Confirmation that the agreement is governed by German law
1. Religious Upbringing: Specific arrangements for religious education and observances, if relevant
2. Language Education: Arrangements for bilingual education or language maintenance in case of different native languages
3. Extended Family Contact: Provisions for maintaining relationships with grandparents and other extended family members
4. Special Needs Care: Additional provisions for children with special medical or educational needs
5. Relocation Provisions: Detailed procedures if either parent needs to relocate
6. Digital Communication: Rules for video calls and social media contact when child is with other parent
7. Educational Costs: Special arrangements for private school or additional educational expenses
8. Temporary Custody Modifications: Procedures for temporary changes due to work commitments or other circumstances
1. Schedule A - Detailed Visitation Calendar: Monthly calendar showing regular visitation schedule and holiday arrangements
2. Schedule B - Special Occasions: List of special occasions (birthdays, religious holidays, school events) and associated arrangements
3. Schedule C - Contact Information: Complete contact details for both parents, emergency contacts, and relevant caregivers
4. Schedule D - Medical Information: Child's medical history, allergies, medications, and healthcare providers
5. Schedule E - Education Information: School details, extra-curricular activities, and educational requirements
6. Schedule F - Financial Arrangements: Detailed breakdown of child-related expenses and payment arrangements
7. Appendix 1 - Communication Log Template: Standard format for documenting important communications between parents
8. Appendix 2 - Expense Recording Template: Format for tracking and sharing child-related expenses
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