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50 50 Custody Agreement Template for South Africa

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Key Requirements PROMPT example:

50 50 Custody Agreement

"I need a 50-50 Custody Agreement for my 8-year-old daughter, including provisions for international travel as I frequently work in Namibia, and specific arrangements for Jewish religious observations during shared custody time."

Document background
The 50-50 Custody Agreement is a vital legal document used in South Africa when parents agree to share equal custody and responsibility for their child(ren). This arrangement is becoming increasingly common as courts and society recognize the importance of both parents maintaining significant involvement in their children's lives. The agreement must comply with the Children's Act 38 of 2005 and related South African legislation, incorporating provisions for equal parenting time, shared decision-making, and financial responsibilities. It's typically used in divorce settlements, separation agreements, or as a standalone arrangement between unmarried parents. The document requires careful consideration of practical aspects like residence arrangements, school proximity, and work schedules to ensure the arrangement serves the best interests of the child while being practically manageable for both parents.
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 relationship, details of the child(ren), and the context for the custody arrangement

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

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

5. Parental Rights and Responsibilities: Detailed outline of each parent's rights and responsibilities under the 50-50 arrangement

6. Residential Arrangements: Specific details of the living arrangements and transitions between homes

7. Decision Making: Process for making major decisions regarding education, health, religion, and other significant aspects of the child's life

8. Communication: Guidelines for communication between parents and with the child

9. Financial Responsibilities: Division of expenses and financial obligations for the child's care

10. Dispute Resolution: Process for resolving disagreements between parents

11. Review and Modification: Provisions for reviewing and modifying the agreement as circumstances change

12. General Provisions: Standard legal clauses including governing law, entire agreement, and severability

Optional Sections

1. International Travel: Required when either parent may travel internationally with the child, including passport arrangements and consent requirements

2. Religious Upbringing: Needed when parents have specific agreements about the child's religious education or practices

3. Medical Care Preferences: Important when parents have specific agreements about medical treatment approaches or preferences

4. Educational Arrangements: Required when specific school arrangements or educational approaches need to be agreed upon

5. Extended Family Contact: Necessary when arrangements for grandparents or other family members' contact needs to be formalized

6. Special Needs Provisions: Required when the child has special needs requiring specific care arrangements

7. Relocation Provisions: Important when there's a possibility of either parent relocating in the future

Suggested Schedules

1. Schedule A - Calendar of Care: Detailed calendar showing the regular care schedule including term time, holidays, and special occasions

2. Schedule B - Contact Schedule: Specific times and arrangements for transitions between parents

3. Schedule C - Financial Schedule: Detailed breakdown of regular and extraordinary expenses and payment arrangements

4. Schedule D - Communication Schedule: Specific arrangements for communication times with the non-resident parent

5. Appendix 1 - Important Information: Contact details for school, medical practitioners, and other important contacts

6. Appendix 2 - Emergency Procedures: Detailed procedures for handling medical or other emergencies

7. Appendix 3 - Agreed Service Providers: List of agreed medical practitioners, therapists, mediators, or other service providers

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

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Family Law

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Child Welfare

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Public Sector

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Family Law

Dispute Resolution

Social Services

Child Welfare

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Client Relations

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Relevant Roles

Family Law Attorney

Legal Counsel

Family Advocate

Social Worker

Child Welfare Officer

Mediator

Legal Assistant

Paralegal

Court Administrator

Family Court Judge

Commissioner of Oaths

Child Psychologist

Family Counselor

Industries





Teams

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