The Official Custody Agreement is a fundamental legal document in Belgian family law, used when parents separate or divorce and need to establish formal arrangements for their children's care and upbringing. This document becomes necessary either through mutual agreement or court intervention, providing a comprehensive framework for shared parental responsibilities. The agreement must comply with Belgian Civil Code requirements and recent legislative reforms promoting equal parenting rights. It typically includes detailed provisions for residence arrangements, education, healthcare, financial responsibilities, and communication protocols. The Official Custody Agreement may be modified as circumstances change or children's needs evolve, but any modifications must be approved by both parties or the court. This document serves as the primary reference point for all matters relating to the children's custody and care, ensuring clarity and legal certainty for all parties involved.
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1. Parties: Identification of all parties to the agreement, including both parents and details of the child(ren)
2. Background: Brief history of the parents' relationship, current situation, and context for the custody agreement
3. Definitions: Clear definitions of key terms used throughout the agreement
4. Legal Framework: Reference to relevant Belgian laws and international conventions governing the agreement
5. Parental Authority: Statement of shared parental authority and decision-making responsibilities
6. Primary Residence: Designation of the child's primary residence and living arrangements
7. Visitation Schedule: Detailed schedule of regular visitation and contact arrangements
8. Holiday and Special Occasions: Specific arrangements for holidays, birthdays, and special events
9. Education and Schooling: Agreements regarding choice of schools, educational decisions, and access to school information
10. Healthcare: Arrangements for medical care, emergency decisions, and health insurance
11. Communication: Guidelines for communication between parents and with the child(ren)
12. Financial Responsibilities: Division of costs related to childcare, education, and other expenses
13. Dispute Resolution: Process for resolving disagreements and making modifications to the agreement
14. Duration and Review: Term of the agreement and provisions for periodic review
15. Governing Law: Confirmation of Belgian law as governing law and jurisdiction
1. International Travel: Required when there's likelihood of international travel or when one parent lives abroad
2. Language Requirements: Needed in cases where parents speak different languages or live in different linguistic regions of Belgium
3. Religious Upbringing: Include when parents have specific agreements about religious education or practices
4. Extended Family Access: Required when there are specific arrangements for grandparents or other family members
5. Special Needs Provisions: Include when the child has specific medical, educational, or developmental needs
6. Relocation Clauses: Required when there's possibility of future relocation by either parent
7. Digital Communication: Include specific provisions for video calls and social media contact when parents live far apart
8. Cultural Considerations: Needed when parents have different cultural backgrounds requiring specific arrangements
1. Schedule A - Regular Visitation Calendar: Detailed calendar showing regular weekly/monthly custody rotation
2. Schedule B - Holiday Schedule: Annual calendar of holiday arrangements and special occasions
3. Schedule C - Contact Information: Comprehensive list of contact details for both parents, schools, doctors, and emergency contacts
4. Schedule D - Financial Arrangements: Detailed breakdown of shared expenses and payment arrangements
5. Appendix 1 - Children's Documents: Copies of children's identity documents, medical cards, and school registration
6. Appendix 2 - Medical History: Summary of relevant medical history, allergies, and ongoing medical requirements
7. Appendix 3 - School Information: Current school details, academic records, and educational requirements
8. Appendix 4 - Activity Schedule: List of regular extracurricular activities and associated logistics
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