The Separation Custody Agreement is a crucial legal document used in Ireland when parents decide to separate and need to formalize arrangements for their children's care. This document is essential for establishing clear guidelines and expectations for both parents while ensuring the best interests of the children are protected under Irish law. The agreement typically comes into play either during formal separation proceedings or when separating parents wish to document their mutually agreed arrangements without immediate court intervention. It must comply with Irish family law legislation, including the Guardianship of Infants Act 1964 and the Children and Family Relationships Act 2015. The document addresses all aspects of childcare, from primary residence and access schedules to decision-making processes and financial responsibilities. While the agreement can be created through mediation or legal consultation, it should always be reviewed by legal professionals to ensure it meets all statutory requirements and adequately protects the interests of all parties involved.
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1. Parties: Identification of both parents, their full names, addresses, and their relationship to the children
2. Background: Brief history of the relationship, marriage/partnership details, separation context, and children's details
3. Definitions: Clear definitions of key terms used throughout the agreement, including 'custody', 'access', 'guardianship', etc.
4. Best Interests of the Children: Statement affirming that all arrangements are made in the best interests of the children
5. Primary Custody Arrangements: Details of which parent has primary custody, or if shared custody, the specific arrangements
6. Access Arrangements: Detailed schedule of when each parent spends time with the children, including regular schedule and holidays
7. Decision-Making Authority: Process for making important decisions about children's education, health, religion, and welfare
8. Communication: Guidelines for communication between parents regarding children's matters and with children when with other parent
9. Financial Responsibilities: Details of how children's expenses will be shared and managed
10. Medical Care: Arrangements for medical decisions, health insurance, and emergency situations
11. Education: Agreement on schooling, access to records, and participation in school events
12. Modification and Review: Process for reviewing and modifying the agreement as children's needs change
13. Dispute Resolution: Process for resolving disagreements about the custody arrangement
14. Governing Law: Confirmation that the agreement is governed by Irish law
1. International Travel: Required if there's likelihood of international travel or if one parent is from another country
2. Religious Upbringing: Include if parents have specific agreements about religious education or practices
3. Special Needs Provisions: Required if any child has special needs requiring specific arrangements
4. Grandparent Access: Include if there are specific arrangements for grandparent access rights
5. Relocation Provisions: Include if there's possibility of either parent relocating
6. Step-Parent Relationships: Include if either parent has new partners who play a significant role in the children's lives
7. Technology Use: Include guidelines for social media, phone use, and online communication if relevant
8. Extra-Curricular Activities: Include if there are specific arrangements for activities and associated costs
9. Child Care Arrangements: Include if there are specific provisions for child care during working hours
10. Safety Provisions: Include if there are specific safety concerns that need to be addressed
1. Schedule A - Access Calendar: Detailed calendar showing regular access schedule, including pick-up and drop-off times
2. Schedule B - Holiday Schedule: Specific arrangements for school holidays, religious holidays, and special occasions
3. Schedule C - Contact Details: List of important contact information for both parents, children, and emergency contacts
4. Schedule D - Financial Schedule: Detailed breakdown of children's expenses and how they will be shared
5. Schedule E - Medical Information: Children's medical history, allergies, medications, and healthcare providers
6. Schedule F - Education Details: Information about schools, extra-curricular activities, and educational requirements
7. Appendix 1 - Parenting Rules: Agreed-upon rules and guidelines for consistency in both households
8. Appendix 2 - Communication Log: Template for tracking important communications between parents
9. Appendix 3 - Expense Recording: Template for recording and sharing children's expenses
10. Appendix 4 - Modification Form: Template for requesting and documenting changes to the agreement
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