Custody Affidavit Template for Indonesia

A Custody Affidavit is a sworn legal statement that formally declares the custody arrangement of a child or children under Indonesian law. This document serves as official proof of who has legal authority over a child and is recognized by courts, government agencies, schools, and other institutions throughout Indonesia. When properly executed and notarized, it becomes a powerful legal instrument that can protect your parental rights and facilitate various administrative processes.

When do you need this document?

You'll need a Custody Affidavit in several important situations. School enrollment often requires proof of custody, especially when only one parent is present for registration. International travel with children typically demands documentation showing you have legal authority to take the child abroad, particularly when traveling without the other parent. Immigration processes, whether for visa applications or residency permits, frequently require custody affidavits to establish family relationships and parental responsibilities. Court proceedings involving family matters may also require this document to clarify existing custody arrangements. Additionally, medical emergency situations may require proof of custody to authorize treatment decisions.

Key legal considerations

Several critical legal elements must be addressed in your Custody Affidavit to ensure its validity and effectiveness. The document must clearly identify all parties involved, including the affiant, children, and other parents or guardians. It should specify the exact nature of the custody arrangement, whether sole, joint, or shared custody, and reference any existing court orders or legal agreements. The affidavit must state the legal basis for the custody claim, such as a divorce decree, separation agreement, or court judgment. Important clauses should address decision-making authority for education, healthcare, and travel, as well as any limitations or restrictions on the custody arrangement. You should also include provisions for emergency situations and specify how disputes will be resolved.

Legal requirements in Indonesia

Indonesian law imposes specific requirements for Custody Affidavits under Law No. 1 of 1974 on Marriage and Law No. 23 of 2002 on Child Protection. The document must be notarized by a licensed Indonesian notary (Notaris) as mandated by Law No. 30 of 2004 on Notary Position. All parties must provide valid identification, including NIK (Indonesian ID number) for Indonesian citizens or passport numbers for foreign nationals. The affidavit must include complete birth certificate information for all children involved, and parents must provide marriage certificates or divorce decrees where applicable. If the custody arrangement involves a court order, certified copies must be attached. For international families, additional requirements may include apostilled documents and certified translations. The Civil Registry Office (Catatan Sipil) may require registration of the affidavit depending on its intended use, and some situations may require approval from the Religious Affairs Office for Muslim families.