Child Arrangements Separation Agreement - Template Form Pro · UK-law

CHILD ARRANGEMENTS AGREEMENT

(A parenting agreement made by consent in relation to a child, having regard to the welfare principle and the welfare checklist contained in section 1 of the Children Act 1989)

COMMENCING ON:

________

1. THE PARTIES AND THE CHILD

1.1. The Child

This agreement concerns the following child (the "Child"):

Name: ________ (Date of birth: ________).

Gender of the Child: ________.

1.2. The Parties

1.2.a. Party A

Party A is ________ of ________.

Party A is the Child's ________ and holds parental responsibility for the Child within the meaning of sections 2 and 3 of the Children Act 1989.

1.2.b. Party B

Party B is ________ of ________.

Party B is the Child's ________ and holds parental responsibility for the Child within the meaning of sections 2 and 3 of the Children Act 1989.

2. BACKGROUND

2.1. Habitual residence

Both of the Parties and the Child are habitually resident in England and Wales.

2.2. Factual background

The relationship between the Parties is described as follows: ________. The Parties have separated and have agreed the arrangements for the Child set out in this agreement.

2.3. Previous proceedings

The position regarding previous proceedings concerning the Child is as follows: ________.

2.4. Paramountcy of welfare

The Parties acknowledge that, in all matters concerning the Child, the Child's welfare is the paramount consideration in accordance with section 1(1) of the Children Act 1989, and they have had regard to the matters set out in the welfare checklist at section 1(3) of that Act in reaching this agreement.

3. DEFINITIONS AND INTERPRETATION

3.1. Term time

"Term time" shall be defined by the timetable of the relevant school attended by the Child.

3.2. School holidays

"School holidays" shall be defined by the timetable of the relevant school attended by the Child.

3.3. Children Act 1989

References to "lives with" and "spends time with" shall bear the meanings given to them in the Children Act 1989 and the Children and Families Act 2014.

3.4. Duration of this agreement

This agreement will remain in place until the Child reaches the age of sixteen, or until:

3.4.a. the Parties mutually agree on a revision to the agreement in writing; or

3.4.b. the arrangements are altered by an order of the Family Court made under section 8 of the Children Act 1989.

4. AGREED ARRANGEMENTS

4.1. Living arrangements

The Parties have agreed that the Child shall live and have their home with ________.

4.2. Contact arrangements

It is agreed that ________ will spend time with the Child in accordance with the schedule set out below.

Term time

4.2.a. During term time the Child will spend time with the contact party as follows:

________

4.2.b. The arrangements for handovers during term time are agreed as follows:

________

School holidays

4.2.c. During the school holidays the Child will spend time with the contact party as follows:

________

4.2.d. Where no specific holiday arrangement is agreed above, the term time arrangements shall continue to apply, save that additional contact times may be agreed in writing no less than 28 days prior to the relevant end-of-term date.

Indirect contact

4.2.e. It is agreed that the Child will have indirect contact in the form of telephone calls and video calls with each Party at least once during the Child's stay with the other Party, at such reasonable times as do not disrupt the Child's routine, rest or education.

Special occasions

4.2.f. The Parties will spend time with the Child on the agreed special occasions, regardless of whether it is a day on which they are otherwise due to spend time with the Child under this agreement. The agreement in relation to special occasions (including birthdays, religious festivals and public holidays) is:

________

Items of property

4.2.g. Each Party agrees that they shall assist and ensure that the Child transfers to the care of the other Party with all the appropriate belongings the Child will reasonably require, including clothing, medication, school equipment and any items of comfort.

5. SPECIFIC ISSUES

5.1. Travel within the United Kingdom

Each Party may take the Child on holiday within the United Kingdom during their scheduled time with the Child, provided that they give the other Party reasonable advance notice together with an indication of the dates and destination.

5.2. Travel abroad

The Parties acknowledge that removing the Child from the United Kingdom without the consent of every person with parental responsibility (or the permission of the court) may constitute an offence under the Child Abduction Act 1984. Where either Party intends to take a holiday outside England and Wales with the Child, they will:

5.2.a. obtain written consent from the other Party; and

5.2.b. provide the travel proposals to the other Party no less than 60 days prior to the proposed departure date; and

5.2.c. upon receipt of the proposals, the other Party will confirm their response (and provide written consent where they agree) within 14 calendar days; and

5.2.d. the Party proposing the travel will ensure that the travel takes place within their scheduled time with the Child (unless specifically agreed otherwise); and

5.2.e. the travelling Party will provide copies of all relevant travel booking documentation (such as flight times/numbers and the address of the accommodation) to the other Party no less than 28 days prior to departure.

5.3. Passports

The Child's passport(s) shall be held by ________ and shall be released to the travelling Party in good time before any agreed travel abroad and returned promptly upon the Child's return.

5.4. School and education

The Parties have agreed that the Child will attend the following school:

________

5.5. Medical matters

Each Party may authorise routine and emergency medical treatment for the Child while the Child is in their care, and each Party will inform the other as soon as reasonably practicable of any significant illness, injury or medical treatment affecting the Child.

6. VARIATION OF THIS AGREEMENT

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7. STATUS OF THIS AGREEMENT

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8. AGREEMENT OF THE PARTIES

8.1. Declarations

The Parties have successfully agreed on the arrangements for the Child without the need to instigate any court proceedings. Both Parties, in placing their signature below, record that:

8.1.a. they have put this agreement together in consultation with each other; and

8.1.b. they have taken into consideration the Child's welfare and best interests in agreeing the terms of this agreement; and

8.1.c. they enter into this agreement freely and of their own accord, without duress or undue influence; and

8.1.d. where any dispute arises in respect of the arrangements in the future they shall, in the first instance, attempt to resolve matters together by using the approach set out in the schedule marked 'Approach to Parenting' below; and

8.1.e. where any dispute cannot be resolved informally, the Parties shall, before making any application to the court, attend a Mediation Information and Assessment Meeting (MIAM) and engage in family mediation as appropriate, in accordance with section 10 of the Children and Families Act 2014.

8.2. Independent advice

Each Party confirms that they have had the opportunity to obtain independent legal advice on the terms and effect of this agreement before signing it.

8.3. Signatures

Signed and agreed by:

Party A

Signature: _______________________

Name: ________

Dated: ________

Party B

Signature: _______________________

Name: ________

Dated: ________

THIS IS THE SCHEDULE MARKED

'APPROACH TO PARENTING'

The Parties hope to co-parent successfully. This schedule records the agreement of the Parties in relation to their approach to parenting.

Method of communication

The Parties will communicate transparently with each other regarding all important parenting matters. It is agreed that:

(a). for all general and day-to-day purposes, the Parties will communicate with each other via telephone or text message, or by such other method as they may agree from time to time;

(b). in the case of any emergency, each Party will ensure that the other Party is notified as soon as is reasonably practicable;

(c). the Parties will at all times communicate respectfully and will not speak negatively about the other Party in the presence or hearing of the Child.

Decision making

The Parties will always consult each other about all important parenting decisions. The Parties record the following:

(a). The Parties must explicitly discuss and agree decisions about the Child's:

- medical issues;

- education and schooling;

- online safety;

- living arrangements (including the geographical area in which the Child shall live);

- religion;

- travel and holidays;

- changes to the Child's name.

(b). Where the Parties do not agree in relation to an important parenting decision, they shall attempt to resolve the matter informally in the first instance by discussion. If no agreement can be reached, the Parties will attend family mediation before considering any application to the Family Court.

(c). The Parties will ensure that appropriate boundaries are set for the Child and agree that discipline shall be dealt with using consistent methods and approaches.