The Separation Custody Agreement serves as a crucial legal instrument in Indonesian family law, designed to establish clear and enforceable arrangements for child custody following parental separation. It is primarily used when parents choose to live separately or during divorce proceedings, requiring careful consideration of Indonesian Marriage Law, Child Protection Laws, and religious laws where applicable. The document typically includes comprehensive provisions for physical custody, legal custody, visitation rights, financial responsibilities, and decision-making authority regarding the child's welfare. This agreement can be executed either through mutual consent or as part of court proceedings, and must comply with both civil and religious court requirements depending on the parties' religious status. The agreement's primary focus is ensuring the best interests of the child while providing a clear framework for both parents to maintain their parental rights and responsibilities.
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1. Parties: Identification of both parents, including full legal names, addresses, and national ID numbers
2. Background: Brief history of the marriage, separation status, and children involved
3. Definitions: Key terms used throughout the agreement including 'custody', 'visitation rights', 'primary residence', etc.
4. Children Details: Full information about each child covered by the agreement, including names, ages, and current living arrangements
5. Custody Arrangements: Specification of physical and legal custody arrangements, including primary residence and decision-making authority
6. Visitation Schedule: Detailed arrangements for regular visitation, including weekdays, weekends, and holidays
7. Parents' Rights and Responsibilities: Outline of each parent's rights and obligations regarding the children's upbringing
8. Communication Protocol: Rules for communication between parents regarding child-related matters
9. Education and Healthcare: Agreements regarding children's education, medical care, and related decision-making processes
10. Financial Responsibilities: Details of financial arrangements for children's expenses and support
11. Dispute Resolution: Process for resolving disagreements about custody and visitation matters
12. Modification Clause: Conditions and procedures for modifying the agreement
13. Governing Law: Specification that Indonesian law governs the agreement
14. Execution: Signature blocks and witnessing requirements
1. Religious Considerations: Special provisions for religious upbringing and obligations (particularly relevant for Muslim families)
2. International Travel: Rules regarding international travel with children, needed if either parent lives/works abroad or frequently travels
3. Extended Family Rights: Provisions for grandparents' or other family members' visitation rights, if applicable
4. Special Needs Provisions: Additional arrangements for children with special needs or medical conditions
5. Language Requirements: Provisions for maintaining children's language skills, relevant for international or inter-cultural families
6. Relocation Clause: Procedures and restrictions regarding relocating with children, particularly relevant if either parent might move
7. Social Media and Privacy: Guidelines for sharing children's information and photos on social media
8. Cultural Preservation: Provisions for maintaining cultural connections and traditions
1. Schedule A - Detailed Visitation Calendar: Calendar showing regular visitation schedule, holiday arrangements, and special occasions
2. Schedule B - Financial Support Breakdown: Detailed breakdown of financial responsibilities and payment schedules
3. Schedule C - Children's Important Information: List of children's schools, medical providers, insurance details, and emergency contacts
4. Schedule D - Communication Log Template: Template for recording important communications between parents
5. Appendix 1 - Medical History: Children's medical history, allergies, and ongoing medical needs
6. Appendix 2 - Education Documents: Copies of current school enrollment and educational requirements
7. Appendix 3 - Travel Authorization Template: Standard form for travel authorization when one parent travels with children
8. Appendix 4 - Expense Tracking Template: Template for tracking shared expenses and reimbursements
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