Custody Agreement Template for England and Wales

A Custody Agreement sets out the legal arrangements for caring for children after their parents separate or divorce. It covers where children will live, when they'll spend time with each parent, and how key decisions about their upbringing will be made.

Under English family law, these agreements can be informal arrangements between parents or formal court orders. They typically address day-to-day care, holidays, education choices, and healthcare decisions. While parents often create these agreements through mediation, courts can step in to establish formal arrangements if parents can't reach consensus, always prioritizing the child's best interests.

Parents need a Custody Agreement when separating or divorcing to establish clear rules about their children's care. The ideal time to create this agreement is early in the separation process, before conflicts escalate and positions become entrenched.

These agreements become essential when parents start living apart, when one parent plans to relocate, or when existing informal arrangements aren't working. Getting the agreement in place quickly helps prevent misunderstandings, reduces stress on children, and gives both parents certainty about their rights and responsibilities. It's particularly important to formalize arrangements before major changes like starting school or moving house.

• Parenting Agreement: A comprehensive plan covering daily care routines, decision-making, and communication between parents
• Shared Custody Agreement: Details equal or near-equal time splits between parents, including specific schedules and handover arrangements
• Temporary Custody Agreement Without Court: Short-term arrangement for interim care situations, avoiding formal court proceedings
• Modified Custody Agreement: Updates existing arrangements to reflect changing circumstances or needs
• 50 50 Custody Agreement: Specifies exactly equal parenting time with detailed scheduling and logistics

• Parents/Legal Guardians: The primary parties who negotiate, agree to, and must follow the Custody Agreement's terms regarding their children's care
• Family Law Solicitors: Draft and review agreements, ensuring legal compliance and protecting their clients' interests
• Mediators: Help parents reach agreement on custody terms and create workable arrangements outside court
• Family Courts: Review and approve agreements, or impose terms if parents can't agree
• Children's Services: May provide input or assessments when safeguarding concerns exist
• School Officials: Need to understand and implement custody arrangements for student pick-up and information sharing

• Basic Information: Gather full names, addresses, and contact details for both parents and children
• Schedule Planning: Map out regular custody rotations, holiday arrangements, and special occasions
• Financial Details: Document child maintenance arrangements and shared expenses for activities, education, and healthcare
• Decision Rights: List who makes choices about education, medical care, and religious upbringing
• Communication Plan: Establish how parents will share information and handle schedule changes
• Special Needs: Note any medical conditions, dietary requirements, or specific care instructions
• Document Generation: Use our platform to create a legally sound agreement that includes all required elements

• Identification Details: Full names, addresses, and relationships of all parties, including children
• Living Arrangements: Primary residence, visitation schedules, and holiday arrangements
• Parental Responsibility: Clear outline of decision-making rights for education, health, and welfare
• Contact Schedule: Detailed timetable for regular contact, including handover arrangements
• Financial Provisions: Child maintenance and sharing of expenses
• Communication Protocol: Methods and frequency of parent-to-parent communication
• Dispute Resolution: Process for handling disagreements and making changes
• Jurisdiction Statement: Confirmation the agreement falls under England & Wales law

A Custody Agreement differs significantly from an Access Agreement, though both deal with rights and arrangements regarding children. Here are the key distinctions:

• Scope and Purpose: Custody Agreements cover comprehensive parental responsibilities, living arrangements, and decision-making rights, while Access Agreements focus solely on when and how a non-resident parent can spend time with their children
• Legal Authority: Custody Agreements establish primary care responsibility and can be made legally binding through court orders, whereas Access Agreements typically handle visiting schedules and contact arrangements only
• Content Coverage: Custody Agreements include financial provisions, education decisions, and healthcare choices, while Access Agreements mainly detail visiting times, locations, and supervision requirements
• Modification Process: Changes to Custody Agreements often require court approval, but Access Agreements can be more flexibly adjusted between cooperating parents