The Shared Custody Agreement is a crucial legal document used in South Africa when parents who are separated or divorced wish to formalize arrangements for sharing the care and responsibility of their children. This agreement is drafted in accordance with the Children's Act 38 of 2005 and must comply with Section 28 of the South African Constitution, which emphasizes the paramount importance of the child's best interests. The document includes comprehensive provisions for residential arrangements, contact schedules, decision-making processes, and financial responsibilities. It's particularly relevant when parents maintain an amicable relationship and can cooperate in child-rearing, requiring input from legal professionals and potentially the Family Advocate's office. The agreement typically requires regular review and may need modification as children's needs evolve or circumstances change.
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1. Parties: Identification of both parents and the child(ren), including full names, addresses, and ID numbers
2. Background: Brief history of the relationship, current status, and reason for the custody agreement
3. Definitions: Clear definitions of terms used throughout the agreement, including 'primary residence', 'contact', 'shared custody', etc.
4. Best Interests of the Child: Statement affirming that all arrangements are made in the best interests of the child(ren)
5. Parental Rights and Responsibilities: Detailed outline of both parents' rights and responsibilities regarding care, contact, and guardianship
6. Residential Arrangements: Specific details about where the child(ren) will reside and the schedule for alternating residence
7. Contact Schedule: Detailed schedule for physical contact, including regular schedule, holidays, and special occasions
8. Communication: Rules and arrangements for communication between parents and with the child(ren)
9. Decision Making: Process for making major decisions regarding education, health, and welfare
10. Financial Responsibilities: Division of expenses and financial obligations for the child(ren)'s care
11. Dispute Resolution: Process for resolving disagreements and modifications to the agreement
12. Review and Modification: Provisions for periodic review and modification of the agreement
13. Breach and Remedies: Consequences and remedies in case of breach of agreement terms
1. International Travel: Procedures and permissions for international travel with the child(ren)
2. Religious and Cultural Practices: Agreements regarding religious education and cultural practices
3. Medical Care Provisions: Specific arrangements for medical decisions and healthcare management
4. Educational Provisions: Detailed arrangements for school choice and educational decisions
5. Relocation Provisions: Procedures if either parent needs to relocate
6. Extended Family Contact: Arrangements for maintaining relationships with extended family members
7. Special Needs Provisions: Additional arrangements for children with special needs or medical conditions
8. Social Media and Privacy: Guidelines for sharing information and photos on social media
1. Schedule A - Contact Calendar: Detailed calendar showing residence rotation, holidays, and special occasions
2. Schedule B - Financial Obligations: Detailed breakdown of regular and extraordinary expenses and payment responsibilities
3. Schedule C - Medical Information: Child(ren)'s medical history, allergies, and healthcare providers
4. Schedule D - Emergency Contacts: List of emergency contacts and procedures
5. Schedule E - Education Information: School details, extra-curricular activities, and academic calendar
6. Appendix 1 - Communication Protocol: Detailed guidelines for parent-to-parent and parent-child communication
7. Appendix 2 - Dispute Resolution Procedure: Step-by-step process for addressing disagreements
8. Appendix 3 - Travel Consent Form: Template for travel authorization between parents
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