Custody And Support Agreement Template for Canada

A comprehensive legal document governed by Canadian federal and provincial laws that establishes the terms and conditions for child custody arrangements and support obligations between parents or legal guardians. The agreement complies with the federal Divorce Act and applicable provincial Family Law Acts, incorporating the Federal Child Support Guidelines for support calculations. It details parenting time, decision-making responsibilities, financial obligations, and procedures for future modifications, while ensuring the best interests of the children are paramount.

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What is a Custody And Support Agreement?

A Custody and Support Agreement is a vital legal document used in Canadian family law when parents or legal guardians need to formalize arrangements regarding their children's care and financial support. This agreement is particularly crucial following separation or divorce, or when unmarried parents need to establish clear parenting and support terms. The document must comply with both federal legislation (such as the Divorce Act and Federal Child Support Guidelines) and provincial family law statutes. A well-drafted Custody and Support Agreement addresses custody arrangements, parenting time schedules, decision-making authority, base child support payments, special expenses, and mechanisms for future modifications. It serves as a binding contract that can be enforced through the court system if necessary, while remaining flexible enough to accommodate changing circumstances as children grow.

What sections should be included in a Custody And Support Agreement?

1. Parties: Identification of all parties to the agreement, including full legal names and current addresses

2. Background: Brief history of the relationship, details about children, and current living arrangements

3. Definitions: Definitions of key terms used throughout the agreement

4. Custody Arrangements: Primary residence of children and specification of legal custody (joint or sole)

5. Parenting Time: Detailed regular schedule for time with each parent, including weekdays, weekends, and transitions

6. Decision Making: Process for making major decisions regarding children's education, health, religion, and activities

7. Child Support: Base child support obligations as per Federal Child Support Guidelines, including calculation method

8. Special and Extraordinary Expenses: Agreement on sharing costs for extra activities, education, medical expenses not covered by insurance

9. Communication: Methods and requirements for communication between parents regarding children

10. Dispute Resolution: Process for resolving disagreements about interpretation or implementation of the agreement

11. Modification: Process for reviewing and modifying the agreement as circumstances change

12. Enforcement: Terms regarding enforcement of the agreement and consequences of breach

13. Governing Law: Specification of applicable laws and jurisdiction

What sections are optional to include in a Custody And Support Agreement?

1. International Travel: Used when there's potential for international travel with children, including passport arrangements and consent requirements

2. Relocation Provisions: Include when there's possibility of either parent moving to a different city/province/country

3. Step-Parent Rights: Include when step-parents have been significantly involved in children's lives and maintain certain rights

4. Religious Upbringing: Include when parents have different religious beliefs or specific religious requirements for children

5. Medical Decisions: Detailed section when children have specific medical needs or parents have strong views on medical treatments

6. Education Provisions: Include when specific arrangements for private school, special education, or post-secondary education need to be addressed

7. Grandparent Access: Include when grandparents have significant involvement and specific access arrangements

8. Life Insurance: Include when parents agree to maintain life insurance policies for children's benefit

What schedules should be included in a Custody And Support Agreement?

1. Schedule A - Parenting Schedule: Detailed calendar of regular parenting time, including holidays, special occasions, and school breaks

2. Schedule B - Child Support Calculations: Detailed calculations of child support amounts based on Federal Child Support Guidelines

3. Schedule C - Special Expenses: List of agreed-upon special expenses and cost-sharing arrangements

4. Schedule D - Children's Activities: List of current activities and associated costs, transportation responsibilities

5. Appendix 1 - Financial Disclosure: Current financial information of both parties used for support calculations

6. Appendix 2 - Medical Information: Children's medical history, insurance information, and care requirements

7. Appendix 3 - Contact Information: Comprehensive contact details for both parents, emergency contacts, and relevant care providers

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Canada

Publisher

Genie AI

Document Type

Custody Agreement

Cost

Free to use

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