Custody Contract Template for New Zealand

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Key Requirements PROMPT example:

Custody Contract

"I need a Custody Contract for a shared care arrangement between myself and my former spouse, with equal time split between both parents, including provisions for international travel as I frequently travel to Australia for work from March 2025."

Document background
A Custody Contract serves as a fundamental legal document in New Zealand's family law system, designed to establish clear and enforceable arrangements for the care and welfare of children following parental separation or divorce. This document is essential when parents or guardians need to formalize their arrangements regarding day-to-day care, contact, and decision-making responsibilities for their children. Operating under the Care of Children Act 2004 and related New Zealand legislation, it encompasses crucial elements such as living arrangements, education decisions, healthcare provisions, and cultural considerations. The contract can be drafted by mutual agreement or through mediation, and may require court approval in certain circumstances. It should be regularly reviewed to ensure it continues to serve the best interests of the child as circumstances change.
Suggested Sections

1. Parties: Identification of all parties to the agreement, including parents/guardians and their legal capacity

2. Background: Context of the agreement, including details about the child(ren) and current family situation

3. Definitions: Key terms used throughout the agreement, including 'day-to-day care', 'contact', 'guardianship' and other relevant terms

4. Best Interests of the Child: Statement of commitment to prioritizing the child's welfare and best interests in all decisions

5. Guardianship Arrangements: Details of legal guardianship and decision-making responsibilities for the child

6. Day-to-Day Care Arrangements: Primary living arrangements and care responsibilities for the child

7. Contact Arrangements: Detailed visitation schedule and contact rights for the non-resident parent

8. Communication: Methods and protocols for communication between parents regarding the child

9. Decision Making: Process for making important decisions about the child's welfare, education, and health

10. Dispute Resolution: Process for resolving disagreements between parties

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

Optional Sections

1. International Travel: Used when there's potential for overseas travel or if one parent lives abroad

2. Cultural Considerations: Required when maintaining cultural connections is important, particularly for Māori children

3. Special Needs Provisions: Included when the child has specific medical, educational, or other special needs

4. Relocation Provisions: Used when there's potential for one parent to relocate

5. Extended Family Contact: Included when maintaining relationships with extended family members is important

6. Safety Provisions: Required when there are safety concerns or previous family violence issues

7. Financial Arrangements: Used when specific financial arrangements beyond standard child support need to be documented

8. Religious Upbringing: Included when parents have specific agreements about religious education or practices

Suggested Schedules

1. Schedule A - Contact Schedule: Detailed calendar of regular care arrangements, including holidays and special occasions

2. Schedule B - Child Information: Important details about the child including medical information, school details, and special needs

3. Schedule C - Transportation Arrangements: Specific details about pick-up and drop-off arrangements

4. Schedule D - Special Expenses: Breakdown of special expenses and how they will be shared

5. Appendix 1 - Communication Log Template: Template for documenting important communications between parties

6. Appendix 2 - Emergency Contacts: List of emergency contacts and important phone numbers

7. Appendix 3 - Agreed Service Providers: List of agreed medical providers, schools, and other service providers

8. Appendix 4 - Parenting Guidelines: Agreed guidelines for consistent parenting approaches across both households

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

Relevant legal definitions
Clauses
Relevant Industries

Legal Services

Family Law

Social Services

Child Protection

Education

Healthcare

Family Dispute Resolution

Court Services

Social Work

Relevant Teams

Legal

Family Law

Dispute Resolution

Child Protection

Social Services

Court Services

Family Support

Document Processing

Client Services

Cultural Advisory

Relevant Roles

Family Lawyer

Legal Counsel

Family Court Judge

Mediator

Family Dispute Resolution Practitioner

Social Worker

Child Protection Officer

Family Court Registrar

Legal Executive

Paralegal

Child Welfare Officer

Family Court Coordinator

Cultural Advisor

Family Support Worker

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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