The Shared Custody Agreement (Vereinbarung über das gemeinsame Sorgerecht) is a vital legal instrument under German family law, typically utilized when parents separate or divorce but wish to maintain joint responsibility for their children's upbringing. This document aligns with the German Civil Code's provisions, particularly §§1626-1687 BGB, which govern parental custody rights and responsibilities. It becomes necessary when parents need to formalize their arrangements for shared child-rearing, including decision-making processes, living arrangements, and financial responsibilities. The agreement must prioritize the child's best interests (Kindeswohl) and typically requires review by the Youth Welfare Office (Jugendamt) and potentially the Family Court (Familiengericht) to ensure compliance with German legal requirements. It serves as both a legal framework and a practical guide for co-parenting, incorporating specific German legal principles while providing clear guidelines for day-to-day implementation.
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1. Parties: Identification of both parents and the child(ren), including full legal names, addresses, and birth dates
2. Background: Brief history of the family situation, current living arrangements, and reason for the agreement
3. Definitions: Key terms used throughout the agreement including 'shared custody', 'primary residence', 'visitation time', etc.
4. Legal Framework: Reference to relevant German laws (BGB) and confirmation that both parties enter the agreement voluntarily
5. Principles of Shared Custody: Statement of shared parental responsibility and commitment to child's best interests
6. Decision-Making Rights and Responsibilities: Distribution of decision-making authority for education, healthcare, religious upbringing, and other major life decisions
7. Primary Residence and Living Arrangements: Designation of child's primary residence and detailed living schedule between parents
8. Communication Protocol: Methods and frequency of communication between parents regarding child-related matters
9. Financial Responsibilities: Division of costs related to child care, education, healthcare, and other expenses
10. Dispute Resolution: Process for resolving disagreements, including mediation requirements before court intervention
11. Modification Provisions: Circumstances and procedures for modifying the agreement
12. Execution and Effect: Signatures, date of effect, and acknowledgment of understanding
1. International Travel Arrangements: Required if either parent lives abroad or frequent international travel is anticipated
2. Educational Support Provisions: Specific arrangements for children with special educational needs
3. Religious and Cultural Practices: Include when parents have different religious beliefs or cultural practices to be respected
4. Medical Decision Protocol: Detailed medical decision-making process for children with specific health conditions
5. Language and Cultural Heritage: Include for binational families to ensure maintenance of both cultures and languages
6. Extended Family Access: Arrangements for maintaining relationships with grandparents and other extended family members
7. Digital Communication Rules: Guidelines for video calls and digital communication with the non-resident parent
8. Relocation Provisions: Detailed procedures if either parent needs to relocate
1. Schedule A - Residential Calendar: Detailed calendar showing regular living arrangements, including holidays and special occasions
2. Schedule B - Communication Schedule: Specific times and methods for regular communication with the non-resident parent
3. Schedule C - Financial Obligations: Detailed breakdown of regular and extraordinary expenses and payment arrangements
4. Schedule D - Holiday and Vacation Schedule: Annual holiday rotation and vacation time allocation
5. Schedule E - Emergency Contacts: List of emergency contacts and medical providers
6. Appendix 1 - Important Documents: Copies of children's important documents (birth certificates, health insurance cards, etc.)
7. Appendix 2 - Medical History: Children's medical history, allergies, and ongoing medical needs
8. Appendix 3 - School Information: Current school details, academic calendar, and extra-curricular activities
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