Child Arrangements Separation Agreement - Template Form (2023)

CHILD ARRANGEMENTS AGREEMENT

COMMENCING ON:

________

1. The Parties

I. The Child

II. The Parties

(a). Party A

Party A is ________ (Mother).

(b). Party B

Party B is ________ (Mother).

III. Parental Responsibility

(a). Party A

(b). Party B

2. Background

I. Habitual residence

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

II. Factual background

The Parties were married on ________ and separated on ________.

III. Previous proceedings

There have been previous proceedings concerning the Parties and the arrangements for the Child as follows:

(a). Case number: ________

(b). In the Family Court sitting at: ________

(c). The proceedings concluded on: ________

The final order made in those proceedings is summarised as follows:

________

IV. Reason for variation

The parties wish to vary the arrangements for the following reasons:

________

3. Definitions and Interpretation

I. Term time

Term time shall be defined in reference the timetable of the relevant school attended by the Child. The agreed school arrangements are listed in section 5 (II) below.

II. School holidays

School holidays shall be defined in reference the relevant school attended by the Child. The agreed school arrangements are listed in section 5 (II) below.

III. Duration of this agreement

4. Agreed arrangements

I. Variation to the existing court order

It is recorded that:

(a). it the intention of both of the Parties to vary the court order dated ________ by consent; and

(b). both parties have created this written amendment to the child arrangements in accordance with the following section of the court order: ________; and

(c). both of the Parties agree that the contents of this document shall now constitute the entire agreement in relation to the arrangements for the Child; and

(d). it is the intention of the Parties that this agreement shall supersede the court order dated ________; and

(e). in the event that either Party chooses to issue proceedings under section 11J or section 11O of the Children Act 1989 to enforce the order dated ________, it is agreed that this agreement shall be attached to any such application to show the current intention of the Parties.

II. Living arrangements

The Parties have agreed that the Child shall live with Party A.

III. Contact arrangements

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

(a). Term time

(i). During term time Party B will spend time with the Child as follows:

________

(ii). The arrangements for handovers during term time are agreed as follows:

________

(iii). It is also agreed that the Child will have indirect contact in the form of telephone calls and video calls with party B during term time as follows:

________

(b). School holidays

The time which Party B will spend with the Child shall remain as per the term time arrangements set out above, however additional contact times can be agreed in writing no less than ________ days prior to the relevant end of term date.

(c). Agreed calendar

The Parties have recorded the agreed times and dates in a calendar format for the dates of ________ to ________ for ease of reference. This is set out at the schedule marked 'Calendar' below.

The Parties will agree and re-exhibit a revised calendar each time it lapses. Each calendar shall be put together by the parties in accordance with the above agreement regarding contact. Each new calendar shall be agreed and attached to the agreement no less than 28 days prior to the end date of the existing calendar.

(d). Special occasions

The Parties have also reached an agreement in relation to special occasions. The Parties will spend time with the Child on the agreed special occasions, regardless of whether it is a day which they are due to spend with the the Child in accordance with the rest of this agreement. The agreement in relation to special occasions is:

________

(e). Transfer of belongings during handovers

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.

5. Specific Issues

I. Travel abroad

Where either party intends to take a holiday outside of England and Wales with the Child, they will:

(a). obtain written consent from the other party; and

(b). provide the travel proposals to the other party no less than ________ month prior to the proposed departure date; and

(c). upon receipt of the proposals, the other party will confirm their response (and provide written consent where they are in agreement) within 14 calendar days; and

(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

(e). the travelling party will provide copies of all relevant travel booking documentation (such as flight times/numbers and the hotel address) to the other party no less than 1 month prior to departure.

II. School and education

The parties have agreed that the Child will attend school as follows:

________

6. Approach to parenting

The Parties have discussed their approach to parenting decisions and have recorded their agreed general approach in the Schedule marked 'Approach to Parenting' below.

7. Reviewing the agreement

The Parties have agreed above to ensure that an up-to-date calendar for the arrangements will be prepared in good time.

The Parties will also review and update (where necessary) any other provisions contained within this agreement every ________ YEAR.

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II. Signatures

Signed and agreed by:

Party A

Signature: _______________________

________

Dated: __________________________

Party B

Signature: _______________________

________

Dated: __________________________

THIS IS THE SCHEDULE MARKED

'CALENDAR'

A copy of the calendar with the agreed dates marked in relation to contact is attached below.

THIS IS THE SCHEDULE MARKED

'APPROACH TO PARENTING'

The Parties hope to co-parent successfully. This schedule marks out 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 in the following way: ________

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

Decision making

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

(a). Important decisions in relation to the Child which the Parties must generally include:

________

(b). The Parties agree that they do not need to consult each other in relation to the following matters:

________

(c). 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 in the following manner:

________

Agreed ground rules

The Parties have agreed upon some basic rules and boundaries in relation to the Child which they will both be responsible for implementing. The Parties have agreed as follows:

(a). The Child will adhere to the following basic rules whilst in each household:

________

(b). The Parties will ensure that appropriate boundaries are set for the Child and agree that discipline shall be dealt with by using the following methods/steps:

________