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80 20 Custody Agreement Template for Canada

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Key Requirements PROMPT example:

80 20 Custody Agreement

"I need an 80/20 Custody Agreement for my two children (ages 8 and 10) that accounts for my work as a traveling nurse, with the 20% parenting time concentrated on extended weekends and school holidays, to be implemented from March 2025."

Document background
An 80/20 Custody Agreement is a specialized legal document used in Canadian family law contexts when parents or legal guardians agree to, or are court-ordered to maintain, a custody arrangement where one parent has the child(ren) for approximately 80% of the time while the other parent has them for the remaining 20%. This type of agreement is particularly relevant in situations where one parent is the primary caregiver but both parents maintain active roles in the child(ren)'s life. The document must comply with the Federal Divorce Act and provincial family law legislation, making it enforceable across Canadian jurisdictions. It typically includes comprehensive provisions for parenting time schedules, decision-making authority, support payments, and dispute resolution mechanisms. The agreement is commonly used when there are work commitments, geographic distance, or other practical considerations that make an equal time-sharing arrangement impractical.
Suggested Sections

1. Parties: Identification of the parents/guardians involved in the custody agreement

2. Background: Brief history of the relationship, children involved, and current situation

3. Definitions: Key terms used throughout the agreement

4. Custody and Parenting Time: Detailed breakdown of the 80/20 time split and specific schedule

5. Decision-Making Responsibilities: Allocation of authority for major decisions regarding children's education, health, and welfare

6. Child Support: Financial obligations based on the custody arrangement and Canadian Child Support Guidelines

7. Communication: Protocol for parents to communicate regarding children and schedule changes

8. Travel and Vacation: Rules and notice requirements for traveling with children

9. Medical Care: Healthcare decision-making and emergency procedures

10. Education: School arrangements and educational decision-making process

11. Dispute Resolution: Process for resolving disagreements between parents

12. Modification of Agreement: Process for making changes to the agreement

13. Governing Law: Specification of applicable Canadian federal and provincial laws

14. Execution: Signing requirements and effective date

Optional Sections

1. Religious Upbringing: Agreements regarding religious education and practices, if relevant to the family

2. Grandparent Access: Provisions for grandparent visitation rights if agreed upon

3. Relocation Provisions: Detailed procedures if either parent plans to move outside the current jurisdiction

4. Special Needs Provisions: Additional arrangements for children with special needs or medical conditions

5. Extra-curricular Activities: Agreement on children's activities and associated costs

6. Social Media and Privacy: Guidelines for sharing children's information and photos online

7. Right of First Refusal: Process when primary caregiver needs childcare during their designated time

8. Step-Parent/New Partner Guidelines: Rules regarding introduction and interaction with new partners

Suggested Schedules

1. Schedule A - Parenting Time Calendar: Detailed calendar showing regular custody schedule, including holidays and special occasions

2. Schedule B - Child Support Calculations: Detailed breakdown of child support calculations based on income and expenses

3. Schedule C - Children's Special Expenses: List of agreed-upon special expenses and cost-sharing arrangements

4. Schedule D - Communication Log Template: Standard format for documenting important communications between parents

5. Schedule E - Holiday Schedule: Specific arrangements for holidays, birthdays, and special occasions

6. Schedule F - Transportation and Exchange Protocol: Detailed procedures for child exchanges between parents

7. Appendix 1 - Emergency Contact Information: List of emergency contacts and important medical information

8. Appendix 2 - School and Activity Information: Current school details, activities, and relevant contact information

Authors

Alex Denne

Head of Growth (Open Source Law) @ ºÚÁÏÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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