The Custody Settlement Agreement (Sorgerechtsvereinbarung) is a crucial legal document used in German family law when parents need to establish formal arrangements regarding the custody of their children, typically following separation or divorce. It is governed by German law, specifically the German Civil Code (BGB) and the Act on Proceedings in Family Matters (FamFG). The document details comprehensive arrangements for both legal and physical custody, including decision-making rights, residence arrangements, visitation schedules, and financial responsibilities. It must comply with German legal requirements and prioritize the child's best interests (Kindeswohl). The agreement often requires review by the Youth Welfare Office (Jugendamt) and approval from the Family Court (Familiengericht) to ensure enforceability. It serves as a foundational document for maintaining clear communication and understanding between all parties involved in the child's care and upbringing.
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1. Parties: Identification of all parties to the agreement, including both parents and any other relevant legal guardians
2. Background: Brief history of the family situation, current status, and reason for the agreement
3. Definitions: Definition of key terms used throughout the agreement
4. Legal Custody Rights and Obligations: Detailed arrangement of legal custody (Sorgerecht) between parents, including decision-making rights and responsibilities
5. Physical Custody and Residence: Primary residence of the child and living arrangements
6. Visitation Schedule: Detailed arrangements for regular contact between the child and both parents
7. Holiday and Special Occasions: Specific arrangements for holidays, birthdays, and other special events
8. Communication: Rules and protocols for communication between parents regarding the child
9. Education and Health: Agreements regarding educational decisions, medical care, and health-related matters
10. Financial Responsibilities: Division of costs related to the child's upbringing, including maintenance payments
11. Dispute Resolution: Process for resolving disagreements and making modifications to the agreement
12. Governing Law: Confirmation of German law application and jurisdiction
13. Execution: Signature requirements and date of effect
1. International Travel: Rules for international travel with the child, passport arrangements, and required notifications - used when either parent lives abroad or frequent international travel is anticipated
2. Religious Upbringing: Agreements regarding religious education and practices - included when parents have different religious beliefs or specific religious requirements
3. Special Needs Provisions: Additional arrangements for children with special needs or medical conditions
4. Language and Cultural Considerations: Arrangements for maintaining multiple languages or cultural connections - used in binational families
5. Relocation Provisions: Procedures and restrictions regarding relocation of either parent - included when there's a possibility of future relocation
6. Extended Family Access: Arrangements for maintaining relationships with grandparents and other extended family members - used when specific arrangements are needed
7. Digital Communication and Social Media: Guidelines for sharing photos and information about the child online - relevant for privacy-conscious parents or public figures
1. Schedule A - Detailed Visitation Calendar: Detailed calendar showing regular visitation schedule, including pickup and drop-off times
2. Schedule B - Holiday Schedule: Comprehensive holiday schedule for the next several years
3. Schedule C - Contact Information: Contact details for both parents, emergency contacts, and relevant caregivers
4. Schedule D - Financial Schedule: Detailed breakdown of financial obligations and payment schedules
5. Schedule E - Medical Information: Child's medical history, insurance information, and emergency procedures
6. Appendix 1 - Communication Protocol: Detailed procedures for routine and emergency communications between parents
7. Appendix 2 - School and Activity Schedule: Current school information and extra-curricular activities schedule
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