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Custody Agreement Template for Switzerland

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Key Requirements PROMPT example:

Custody Agreement

I need a custody agreement that outlines joint custody arrangements for two children, specifying alternating weekly schedules, shared holidays, and clear guidelines for decision-making responsibilities regarding education and healthcare. The agreement should also include provisions for mediation in case of disputes and a review clause every two years.

What is a Custody Agreement?

A Custody Agreement sets out the legal terms for safeguarding financial assets like securities, precious metals, or other valuables through a Swiss custodian bank or financial institution. It establishes how the custodian will store, manage, and protect these assets on behalf of their clients, following Swiss banking regulations and FINMA guidelines.

These agreements detail essential responsibilities like asset segregation, record-keeping, dividend collection, and corporate action handling. They're particularly important in Swiss private banking, where institutions must maintain strict compliance with anti-money laundering laws while providing their renowned secure custody services. The agreement also specifies fees, reporting requirements, and liability terms between the custodian and asset owner.

When should you use a Custody Agreement?

Consider implementing a Custody Agreement when entrusting valuable financial assets to a Swiss bank or financial institution for safekeeping. This becomes crucial when dealing with substantial investment portfolios, international securities, or when operating investment funds that require professional asset custody services under Swiss law.

The agreement proves essential during major financial transactions, portfolio restructuring, or when establishing new banking relationships in Switzerland. It's particularly important for institutional investors, family offices, and wealth management firms needing to meet FINMA requirements. Having this agreement in place before transferring assets ensures clear accountability, defines service levels, and establishes proper risk management protocols.

What are the different types of Custody Agreement?

  • Temporary Custody Agreement: Used for short-term childcare arrangements, typically during specific circumstances like parental travel or medical treatment
  • Co Parenting Agreement: Details comprehensive arrangements between separated parents, including decision-making rights and communication protocols
  • Parental Custody Agreement: Establishes primary custody arrangements, including visitation schedules and parental responsibilities
  • Shared Custody Agreement: Outlines equal or near-equal time-sharing arrangements, with specific schedules and transition details
  • Joint Custody Agreement: Focuses on shared decision-making rights while maintaining separate physical custody arrangements

Who should typically use a Custody Agreement?

  • Separated Parents: Primary parties who negotiate and sign the custody agreement, outlining their rights and responsibilities regarding their children
  • Family Law Attorneys: Draft and review agreements to ensure compliance with Swiss Civil Code requirements and protect their clients' interests
  • Child Protection Authorities (KESB): Review and approve custody arrangements when required by law, especially in contested cases
  • Mediators: Help parents reach mutually acceptable custody terms before formal legal documentation
  • Courts: Validate agreements and resolve disputes, ensuring arrangements align with the child's best interests under Swiss law
  • Social Services: Provide assessments and recommendations for custody arrangements when needed

How do you write a Custody Agreement?

  • Child Information: Gather full names, birth dates, and current living arrangements of all children involved
  • Parental Details: Compile both parents' contact information, work schedules, and current living situations
  • Schedule Planning: Map out detailed visitation times, holiday arrangements, and special occasions rotation
  • Financial Documentation: Prepare income statements, expense records, and child support calculations
  • Decision Rights: List key areas requiring joint decisions (education, healthcare, religion)
  • Communication Plan: Establish methods and frequency of parent-to-parent communication
  • Local Requirements: Check cantonal regulations for specific custody agreement requirements

What should be included in a Custody Agreement?

  • Party Identification: Full legal names and contact details of both parents and children
  • Physical Custody Terms: Detailed schedule for regular custody, holidays, and special occasions
  • Legal Custody Rights: Clear outline of decision-making authority for education, health, and welfare
  • Financial Provisions: Child support calculations and payment arrangements per Swiss guidelines
  • Communication Protocol: Methods and requirements for parent-to-parent information sharing
  • Modification Terms: Procedures for changing agreement terms as circumstances evolve
  • Dispute Resolution: Process for resolving conflicts under Swiss mediation requirements
  • Signatures Section: Date, location, and formal acknowledgment by both parties

What's the difference between a Custody Agreement and an Accountability Agreement?

While both documents deal with legal arrangements, a Custody Agreement focuses specifically on child care and parental responsibilities, while an Accountability Agreement serves a broader purpose in establishing responsibilities and oversight mechanisms.

  • Legal Scope: Custody Agreements primarily govern parental rights and child welfare decisions, while Accountability Agreements cover professional or organizational commitments and performance standards
  • Party Involvement: Custody Agreements involve parents and legal guardians, with oversight from child protection authorities. Accountability Agreements typically involve business partners, employees, or organizational stakeholders
  • Enforcement Mechanism: Custody Agreements are enforced through family courts and KESB, while Accountability Agreements often rely on internal dispute resolution or commercial arbitration
  • Modification Process: Changes to Custody Agreements require court approval when they affect child welfare, whereas Accountability Agreements can usually be modified through mutual consent of the parties

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