The Joint Custody Agreement is a vital legal document used in Germany when parents who are separated, divorced, or were never married need to formalize their shared parenting arrangements. It is grounded in German family law, particularly the German Civil Code (BGB §1626-1628), which emphasizes the principle of joint parental responsibility (gemeinsame elterliche Sorge). This document becomes necessary when parents need to establish clear guidelines for sharing custody, making decisions about their children's welfare, and managing day-to-day responsibilities. It includes detailed provisions for residential arrangements, access schedules, financial responsibilities, and decision-making processes. The agreement can be either court-approved or privately arranged with legal counsel, and it must always prioritize the best interests of the child (Kindeswohl) as required by German law. It serves as a reference point for parents, legal authorities, and other involved parties, and can be modified as circumstances change.
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1. Parties: Identification of both parents and the child(ren), including full legal names, addresses, and birth dates
2. Background: Brief description of the current situation, relationship status of parents, and reason for the agreement
3. Definitions: Key terms used throughout the agreement, including legal German terms and their English equivalents where applicable
4. Joint Custody Declaration: Formal declaration of joint custody arrangements in accordance with BGB §1626
5. Rights and Responsibilities: Detailed outline of parental rights and responsibilities under joint custody
6. Decision-Making Authority: Process for making important decisions regarding the child's welfare, education, health, and religious upbringing
7. Residential Arrangements: Primary residence of the child and detailed living arrangements
8. Access and Contact Schedule: Detailed visitation schedule including regular visits, holidays, and special occasions
9. Communication: Methods and frequency of communication between parents and with the child
10. Financial Responsibilities: Division of costs related to the child's upbringing, including maintenance payments
11. Dispute Resolution: Process for resolving disagreements between parents
12. Modification Procedures: Process for reviewing and modifying the agreement as circumstances change
13. Governing Law: Confirmation that the agreement is governed by German law and specific applicable legislation
1. International Travel Arrangements: Required if one parent lives abroad or frequent international travel is anticipated
2. Language and Cultural Provisions: Necessary for parents of different nationalities or in cases of bilingual upbringing
3. Educational Provisions: Detailed arrangements for school choice and educational decisions when specific concerns exist
4. Medical Care Arrangements: Specific provisions for children with ongoing medical needs or when parents have different views on medical care
5. Religious Upbringing: Required when parents have different religious beliefs or specific religious requirements
6. Relocation Provisions: Detailed procedures if one parent wishes to relocate, particularly important in international cases
7. Special Needs Provisions: Required for children with special needs or disabilities
8. Extended Family Contact: Arrangements for maintaining relationships with grandparents and other family members when this is a specific concern
1. Schedule A - Contact Calendar: Detailed calendar showing regular visitation schedule, holidays, and special occasions
2. Schedule B - Financial Schedule: Detailed breakdown of regular and extraordinary expenses and payment arrangements
3. Schedule C - Communication Log: Template for documenting important communications and decisions between parents
4. Schedule D - Medical Information: Child's medical history, allergies, medications, and emergency contacts
5. Schedule E - Education Information: School details, academic records, and extra-curricular activities
6. Appendix 1 - Important Contacts: List of relevant professionals, including doctors, teachers, and emergency contacts
7. Appendix 2 - Dispute Resolution Procedures: Detailed steps for conflict resolution, including mediation procedures
8. Appendix 3 - Travel Authorization Form: Template for travel consent when one parent travels with the child
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