The Parental Custody Agreement is a vital legal instrument used in Belgium when parents separate or divorce and need to establish formal arrangements for their children's care and upbringing. This document is specifically designed to comply with Belgian civil law, which strongly favors joint custody and shared parental authority. It becomes necessary when parents need to formalize their arrangements regarding child custody, whether through mutual agreement or as part of legal proceedings. The agreement encompasses crucial aspects such as living arrangements, education decisions, healthcare responsibilities, and financial obligations. It must align with the Belgian Civil Code, particularly Articles 371-387, and reflect the 1995 and 2006 laws promoting joint parental authority and equal housing arrangements. The document can be established either through direct negotiation between parties, with legal counsel, or through mediation, and may require court approval depending on the circumstances.
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1. Parties: Identification of both parents and children, including full legal names, addresses, and dates of birth
2. Background: Brief history of the parental relationship, current living situation, and reason for the agreement
3. Definitions: Clear definitions of key terms used throughout the agreement
4. Legal Framework: Reference to relevant Belgian laws and confirmation that the agreement is made in accordance with Belgian Civil Code
5. Parental Authority: Declaration of joint parental authority and decision-making responsibilities regarding the child(ren)
6. Primary Residence and Living Arrangements: Detailed schedule of where the child(ren) will reside, including regular weekly/monthly schedule
7. Education and Schooling: Arrangements regarding choice of schools, participation in school activities, and access to educational records
8. Healthcare: Provisions for medical care, including choice of healthcare providers and emergency decision-making
9. Communication: Guidelines for communication between parents and with children, including methods and frequency
10. Holiday and Special Occasions: Specific arrangements for holidays, birthdays, and other special events
11. Transportation: Responsibilities and arrangements for transporting children between residences and to activities
12. Financial Responsibilities: Division of expenses related to the child(ren), including regular support payments
13. Dispute Resolution: Process for resolving disagreements between parents
14. Modification of Agreement: Procedures for reviewing and modifying the agreement as circumstances change
15. Governing Law: Confirmation that the agreement is governed by Belgian law
1. International Travel: Required when there are different nationalities involved or frequent international travel is anticipated
2. Religious Upbringing: Included when parents have specific agreements about religious education or practices
3. Language Education: Relevant in Belgium's multilingual context or when parents speak different languages
4. Special Needs Provisions: Required when child(ren) have specific medical, educational, or developmental needs
5. Extended Family Access: Included when specific arrangements for grandparents or other family members need to be formalized
6. Social Media and Privacy: Guidelines for sharing children's information and photos online
7. Relocation Provisions: Detailed procedures if either parent wishes to relocate, particularly relevant in Belgium's mobile society
1. Schedule A - Residential Calendar: Detailed calendar showing regular living arrangements, including pickup and drop-off times
2. Schedule B - Holiday Schedule: Comprehensive holiday rotation schedule, including school vacations
3. Schedule C - Contact Information: List of important contact details including parents, schools, doctors, and emergency contacts
4. Schedule D - Expense Allocation: Detailed breakdown of regular and extraordinary expenses and their division between parents
5. Appendix 1 - Communication Log Template: Standard format for documenting important communications between parents
6. Appendix 2 - Medical History: Important medical information about the child(ren), including allergies and medications
7. Appendix 3 - School Information: Current school details, academic calendar, and relevant educational requirements
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