Full Custody Agreement Template for Indonesia

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Key Requirements PROMPT example:

Full Custody Agreement

"I need a Full Custody Agreement under Indonesian law for my 8-year-old daughter following my divorce, with specific provisions for Islamic law compliance and quarterly visitation rights for the non-custodial parent, to be effective from March 2025."

Document background
The Full Custody Agreement is a vital legal instrument used in Indonesian family law when one parent is to be granted complete custody rights over a child or children. This document becomes necessary in situations following divorce, separation, death of a parent, or other circumstances where sole custody determination is required. The agreement must comply with Indonesian legal requirements, including Law No. 1 of 1974 on Marriage and Law No. 23 of 2002 on Child Protection, while also considering religious law aspects where applicable. The document comprehensively covers custody rights, decision-making authority, visitation arrangements, financial responsibilities, and provisions for the child's welfare. It's designed to protect the best interests of the child while providing clear guidelines for all parties involved. The agreement should be prepared with consideration of both civil law and religious court requirements, particularly in cases involving Muslim families where Islamic law principles must be incorporated.
Suggested Sections

1. Parties: Identification of all parties to the agreement, including both parents and any legal guardians

2. Background: Context of the custody arrangement, including relevant court orders, divorce decrees, or circumstances leading to the agreement

3. Definitions: Key terms used throughout the agreement, including types of custody, visitation periods, and other relevant terminology

4. Grant of Custody: Clear statement of full custody rights being granted, including both physical and legal custody

5. Parental Rights and Responsibilities: Detailed outline of the custodial parent's rights and responsibilities regarding the child's upbringing

6. Child's Information and Welfare: Details about the child(ren), including their needs, healthcare, education, and general welfare requirements

7. Decision-Making Authority: Scope of custodial parent's authority in making decisions about education, healthcare, religion, and other important aspects

8. Visitation Rights: Terms and conditions for any visitation rights granted to the non-custodial parent

9. Communication Protocols: Guidelines for communication between parents regarding the child and between the non-custodial parent and child

10. Financial Responsibilities: Details of financial obligations, including child support, education costs, and healthcare expenses

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

12. Dispute Resolution: Process for resolving any disputes that arise regarding the custody arrangement

13. Governing Law: Specification of Indonesian law as governing law and relevant jurisdiction

14. Execution: Signature blocks and execution requirements

Optional Sections

1. Religious Considerations: Section addressing religious upbringing and education (particularly relevant for Muslim families under Islamic Law)

2. International Travel: Provisions regarding international travel and passport control (relevant if either parent has international ties)

3. Emergency Procedures: Special procedures for emergency situations and urgent decision-making

4. Relocation Provisions: Terms governing potential relocation of the custodial parent (relevant if relocation is foreseeable)

5. Extended Family Rights: Provisions for grandparents' or extended family's access to the child (if culturally relevant or requested)

6. Special Needs Provisions: Additional provisions for children with special needs or medical conditions

7. Cultural Preservation: Provisions ensuring maintenance of cultural connections (relevant for mixed-culture families)

Suggested Schedules

1. Schedule A - Child Information: Detailed information about each child including birth certificates, medical records, and school information

2. Schedule B - Visitation Schedule: Detailed calendar and arrangements for any permitted visitation periods

3. Schedule C - Financial Schedule: Breakdown of financial obligations and payment schedules

4. Schedule D - Medical Information: Child's medical history, current treatments, and healthcare providers

5. Schedule E - Education Information: Current school enrollment, educational requirements, and special educational needs

6. Schedule F - Contact Information: Contact details for all relevant parties, including emergency contacts

7. Appendix 1 - Relevant Court Orders: Copies of any existing court orders or legal documents affecting the custody arrangement

8. Appendix 2 - Consent Forms: Standard consent forms for medical treatment, school activities, and other permissions

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 | Serial Founder & Legal AI Author

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