The Parental Plan Agreement is a crucial document used in German family law contexts when parents need to formalize their arrangements for co-parenting after separation or divorce. It is designed in accordance with the German Civil Code (BGB) and must comply with the Act on Proceedings in Family Matters (FamFG). This agreement typically becomes necessary when parents separate, divorce, or need to modify existing arrangements. It encompasses all essential aspects of childcare, including residence arrangements, contact schedules, decision-making processes, and financial responsibilities. The document must prioritize the best interests of the child (Kindeswohl) and can be either drafted independently by the parents with legal counsel or developed through mediation. While not all elements need court approval, the agreement often forms part of court proceedings and can be made legally enforceable through court recognition.
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1. Parties: Identification and details of both parents, including full names, addresses, and contact information
2. Background: Brief context of the family situation, current status of the parents' relationship, and basic information about the child(ren)
3. Definitions: Key terms used throughout the agreement, including legal terms specific to German family law
4. Parental Responsibility (Elterliche Sorge): Declaration of joint or sole custody arrangements and general principles of cooperation
5. Primary Residence (Aufenthaltsbestimmungsrecht): Designation of the child's primary residence and registration address
6. Contact Arrangements (Umgangsregelung): Detailed schedule for regular contact with both parents, including weekdays, weekends, and holidays
7. Decision-Making Authority: Framework for making decisions about the child's welfare, education, health, and other significant matters
8. Information Sharing: Requirements and methods for sharing information about the child between parents
9. Child Support (Kindesunterhalt): Financial arrangements including regular payments, extraordinary expenses, and cost-sharing principles
10. Dispute Resolution: Process for resolving disagreements between parents, including mediation requirements
11. Modification Provisions: Circumstances and procedures for modifying the agreement
12. Governing Law: Confirmation that the agreement is governed by German law and jurisdiction
1. International Travel Arrangements: Required when one or both parents are likely to travel internationally with the child or live in different countries
2. Religious Education: Included when parents have specific agreements about the child's religious upbringing
3. Language Education: Relevant for bilingual families or when specific language education is planned
4. Special Needs Provisions: Required when the child has specific medical, educational, or other special needs
5. Step-Parent Relationships: Included when either parent has new partners who play a significant role in the child's life
6. Grandparent Access: Required when specific arrangements for grandparent contact need to be formalized
7. Relocation Provisions: Detailed procedures if either parent plans to relocate, particularly relevant for international families
1. Schedule A: Contact Calendar: Detailed calendar showing regular contact arrangements, including pickup and drop-off times
2. Schedule B: Holiday Schedule: Specific arrangements for holidays, festivals, and school breaks
3. Schedule C: Communication Protocol: Detailed procedures for routine and emergency communication between parents
4. Schedule D: Expense Sharing: Breakdown of shared expenses and payment arrangements
5. Appendix 1: Children's Important Information: Details of schools, medical providers, insurance, and other key information
6. Appendix 2: Emergency Procedures: Protocol for handling medical or other emergencies
7. Appendix 3: Current Child Support Calculations: Detailed calculations based on the Düsseldorf table and parents' incomes
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