The Shared Custody Agreement serves as a foundational document for separated or divorced parents in Belgium who wish to formalize their co-parenting arrangements. It is typically used when parents separate or divorce but can also be implemented in cases where never-married parents need to establish clear custody arrangements. The document must comply with Belgian Civil Code requirements and recent family law reforms, particularly the Law of 18 July 2006 which emphasizes equal shared custody when appropriate. The agreement encompasses crucial aspects such as residential schedules, decision-making authority, financial responsibilities, and communication protocols, while always prioritizing the child's best interests. It can be drafted independently with legal counsel or as part of a broader divorce settlement, 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 birth dates
2. Background: Brief history of the relationship, current situation, and reason for the agreement
3. Definitions: Clear definitions of key terms used throughout the agreement
4. Legal Framework: Reference to applicable Belgian laws and regulations governing the agreement
5. Parental Authority: Statement of joint parental authority and decision-making responsibilities
6. Residential Arrangements: Detailed custody schedule including regular schedule, holidays, and school breaks
7. Communication Protocol: Rules and methods for communication between parents regarding child-related matters
8. Education and Schooling: Arrangements for school choice, academic decisions, and parent involvement
9. Healthcare: Medical decision-making, insurance coverage, and handling of health emergencies
10. Financial Responsibilities: Child support, cost sharing for education, healthcare, and activities
11. Travel and Documentation: Rules for domestic and international travel, passport custody
12. Dispute Resolution: Process for resolving disagreements and modifications to the agreement
13. Duration and Review: Term of the agreement and provisions for periodic review
14. Governing Law: Confirmation of Belgian law application and jurisdiction
1. Religious and Cultural Practices: Arrangements for religious education and cultural activities when parents have different religious or cultural backgrounds
2. Special Needs Provisions: Additional arrangements for children with special needs or medical conditions
3. Grandparents' Rights: Specific provisions for grandparental access and involvement
4. Relocation Provisions: Detailed procedures if either parent needs to relocate
5. Step-Family Integration: Guidelines for introducing and integrating new partners and step-siblings
6. Language Requirements: Language arrangements for bilingual families or international situations
7. Social Media and Privacy: Guidelines for sharing children's information and photos on social media
8. Extra-Curricular Activities: Decision-making process and cost sharing for extra-curricular activities
1. Schedule A - Residential Calendar: Detailed calendar showing regular custody schedule, including pick-up and drop-off times
2. Schedule B - Holiday Schedule: Specific arrangements for holidays, school breaks, 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 financial responsibilities and payment schedules
5. Schedule E - Medical Information: Children's medical history, allergies, medications, and healthcare providers
6. Appendix 1 - Children's Important Documents: Copies of birth certificates, health insurance cards, and school registration
7. Appendix 2 - Parenting Rules and Guidelines: Agreed-upon parenting principles and house rules for consistency
8. Appendix 3 - Communication Log Template: Standard format for documenting important communications and decisions
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