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Custody Contract Template for Australia

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Key Requirements PROMPT example:

Custody Contract

"I need a Custody Contract for a shared custody arrangement between Sydney and Melbourne, with provisions for international travel as one parent frequently works in New Zealand, to be implemented from March 2025."

Document background
A Custody Contract is a crucial legal document used in Australian family law to formalize arrangements regarding the care, welfare, and development of children following parental separation or divorce. This document is essential when parents or guardians need to establish clear, legally binding terms for shared responsibility and care of children. It must comply with the Family Law Act 1975 and relevant state legislation, incorporating provisions for living arrangements, education, healthcare decisions, and financial responsibilities. The contract serves as a reference point for all parties involved and can be presented to schools, healthcare providers, and other relevant institutions. It's particularly important in situations where formal documentation of custody arrangements is required for legal certainty and practical implementation of care arrangements.
Suggested Sections

1. Parties: Identification of all parties to the agreement, including parents/guardians and their full legal names and addresses

2. Background: Context of the agreement, including brief history of the relationship, children involved, and current circumstances

3. Definitions: Definitions of key terms used throughout the agreement for clarity and legal certainty

4. Parental Responsibility: Statement of shared or sole parental responsibility and decision-making authority

5. Living Arrangements: Primary residence of the children and regular care arrangements

6. Time Spent with Each Parent: Detailed schedule of time children will spend with each parent, including regular schedule and handover arrangements

7. Communication: Methods and frequency of communication between parents and with children

8. Decision Making: Process for making major decisions regarding children's education, health, and welfare

9. Financial Responsibilities: Division of expenses and financial obligations related to the children

10. Travel and Holidays: Arrangements for school holidays, special occasions, and interstate/international travel

11. Dispute Resolution: Process for resolving disagreements and modifications to the agreement

12. Review and Variation: Provisions for reviewing and updating the agreement as circumstances change

13. Execution: Formal execution clauses and signature blocks

Optional Sections

1. Special Needs Provisions: Additional provisions for children with special medical, educational, or other needs

2. International Travel Protocol: Detailed procedures for international travel, necessary when one parent has international connections

3. Religious and Cultural Practices: Specifications regarding religious education and cultural practices, when relevant to the families involved

4. Grandparent and Extended Family Access: Arrangements for maintaining relationships with extended family members

5. Relocation Provisions: Specific procedures if either parent wishes to relocate, particularly relevant for potential interstate/international moves

6. Social Media and Privacy: Guidelines for sharing children's information and images on social media

7. Step-Parent/New Partner Provisions: Guidelines for introducing and involving new partners in children's lives

8. Educational Decision Protocol: Detailed procedures for making educational decisions, particularly relevant for private schooling or special education needs

Suggested Schedules

1. Schedule A - Care Calendar: Detailed calendar showing regular care arrangements, including school terms and holidays

2. Schedule B - Contact Details: Comprehensive list of contact information for all relevant parties, including emergency contacts

3. Schedule C - Financial Schedule: Detailed breakdown of financial responsibilities and payment arrangements

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

5. Schedule E - Activity Schedule: List of children's regular activities and responsibilities for transportation/costs

6. Appendix 1 - Communication Log Template: Template for recording important communications between parties

7. Appendix 2 - Expense Claim Form: Standard form for claiming shared expenses

8. Appendix 3 - Holiday Request Form: Template for requesting changes to holiday arrangements

Authors

Alex Denne

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

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Relevant Industries

Legal Services

Family Services

Social Services

Child Protection Services

Education

Healthcare

Mental Health Services

Dispute Resolution Services

Government Services

Non-Profit Organizations

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Legal Operations

Family Law Practice

Dispute Resolution

Child Protection

Social Services

Court Administration

Document Processing

Client Relations

Compliance

Family Support Services

Relevant Roles

Family Lawyer

Legal Counsel

Family Court Judge

Mediator

Family Dispute Resolution Practitioner

Social Worker

Child Protection Officer

Family Consultant

Psychologist

School Principal

Healthcare Administrator

Legal Secretary

Paralegal

Court Registrar

Child Support Officer

Industries








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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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