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Custody Consent Agreement Template for England and Wales

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Key Requirements PROMPT example:

Custody Consent Agreement

"I need a Custody Consent Agreement for my two children (ages 8 and 11) that establishes shared custody with my ex-spouse, including specific arrangements for international travel as I frequently work in France, to be effective from March 2025."

What is a Custody Consent Agreement?

The Custody Consent Agreement serves as a formal arrangement between parents or guardians regarding the care and upbringing of children. This document is crucial when parents separate or divorce and need to establish clear, legally-binding arrangements for their children's care. Under the jurisdiction of England and Wales, the agreement must align with the Children Act 1989 and subsequent legislation, ensuring the child's welfare remains paramount. The document typically includes detailed provisions for residence, contact time, decision-making authority, and specific arrangements for education, healthcare, and religious upbringing. A well-drafted Custody Consent Agreement helps prevent future disputes and provides stability for all parties involved.

What sections should be included in a Custody Consent Agreement?

1. Parties: Details of all parties involved in the custody agreement

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement

4. Custody Arrangements: Primary residence and care arrangements for the child(ren)

5. Visitation Schedule: Detailed schedule of contact time with each parent

6. Decision-Making Authority: Rights and responsibilities regarding major decisions

7. Communication: How parties will communicate regarding the child(ren)

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

1. International Travel: Provisions for overseas travel with the child(ren), including passport arrangements and consent requirements

2. Religious Upbringing: Agreements regarding religious education and practice when parents have different religious beliefs

3. Educational Arrangements: Specific agreements about schooling, including choice of schools and educational decisions

4. Medical Care: Special medical considerations or arrangements for children with specific health needs

What schedules should be included in a Custody Consent Agreement?

1. Schedule 1: Contact Schedule: Detailed calendar of regular contact arrangements

2. Schedule 2: Holiday Schedule: Specific arrangements for school holidays and special occasions

3. Schedule 3: Communication Log: Template for recording important communications between parties

4. Appendix A: Child Information: Key details about the child(ren) including medical information, school details, and emergency contacts

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions





















Clauses























Industries

Children Act 1989: Primary legislation governing child custody in England and Wales. Key aspects include parental responsibility provisions, the welfare principle stating child's best interests are paramount, and regulations regarding court orders for child arrangements.

Family Law Act 1996: Legislation covering domestic proceedings and protection of children in family law matters, including provisions relevant to custody arrangements.

Children and Families Act 2014: Modern updates to family law including reformed provisions for child arrangement orders and contemporary approaches to custody arrangements.

Human Rights Act 1998: Incorporates Article 8 of the European Convention on Human Rights, ensuring right to respect for private and family life in custody arrangements.

Child Abduction and Custody Act 1985: Legislation dealing with international aspects of child custody and prevention of child abduction, particularly relevant for cases with international elements.

Brussels II bis Regulation: European Union regulation affecting cases with EU connection, particularly relevant for cross-border custody arrangements (note: application affected by Brexit).

Hague Convention on Civil Aspects of International Child Abduction: International treaty providing framework for handling cases of international child abduction and cross-border custody disputes.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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