The most challenging part of divorce may be child custody. You should have as much information as possible concerning the custody agreement so that the children’s best interests are taken into account and your parental rights are protected. If you’re drafting a visitation agreement with the aid of a lawyer, you may get started by becoming familiar with legal jargon. To ensure you remember to include anything crucial for the court to evaluate and approve, a lawyer at Notary Public Dubai may assist you in drafting the document.
What is a Child custody agreement?
Child custody law prioritizes the child’s needs and upbringing when establishing custody rights. The requirements of the kid come before whatever choices the parents may have. The primary basis for deciding child custody disputes is what is referred to as the “child’s best interest standard.” Only when it is in the kid’s best interest will courts decide who gets to keep the child. A child custody agreement, also known as a child custody contract, is a written document that outlines the rules for child custody between the parents of a child or children. These agreements are often published in conjunction with a divorce or separation action. It could provide additional guidance on the following:
- Which parent has the child’s primary physical custody,
- Who is often the parent who is also given physical custody of the kid who has legal custody;
- Whether physical custody will be shared equally between the parents or if one parent will get more time with their child; and
- Schedule for the non-custodial parent’s visits.
The custody agreement may also include several other topics. Examples include the terms of child support and whether or not other parties, such as a grandparent or close family, may be granted custody of the kid. There is a lot of freedom in what may be included in a child custody agreement, but there are a few crucial things that must be mentioned, namely the following:
Things to be considered when drafting Child Custody Agreement
A child custody agreement will go into depth about matters like custody and visiting contracts, as was already indicated. Child custody procedures may be avoided if the parents can work out a custody arrangement independently and speak and negotiate with one another. Remember that UAE has its own rules governing child custody. Therefore, before doing anything, you should get aware of the regulations that apply in the UAE.
A Child Care plan may take the shape of a custody arrangement for children. Even though every family’s requirements will be different,
A child custody agreement often includes the following:
- A list of the several kinds of custody agreements that has approval of both parents;
- Their children are under their care physically and legally;
- timetables for parenting, such as those for visits, holidays, weekends, and vacations;
- specifics about picking up and dropping off at the parent’s residence;
- details on significant subjects, including, housing, education, and recreational activities, religion etc.; and
- A provision outlining requirements the modification of the child custody agreement by the parents if the need arises.
When creating a child custody arrangement, it’s crucial that it must be as explicit as possible. As it helps in avoiding the last minute confusion. A court must certify the child Custody agreement to be legal under the UAE law, which is another crucial thing to keep in mind. It is doubtful that the court will do so, necessitating a rewrite of the agreement if any portion needs to be written with the child’s best interests in mind.
There are other custody agreements, such as sole custody, when one parent has the child’s legal and physical custody. Joint custody is when both parents have equal rights to the child’s physical and legal custody. It is divided custody when many children are shared between the parents. Every custody agreement will specify who will have custody of the kids and what custody will be shared between the parents.
Does the Custody and Visitation Agreement need to be notarized?
It is important to highlight that just having a child custody agreement that has been notarized does not enough to establish that two parties have reached a consensus about child custody. Although it does show that both parents were consented to the provisions of the child custody agreement. The burden of proof will be on the party seeking to have the notarized agreement rejected as the child custody agreement to show the court their case. The court will likely accept the notarized agreement if the opposing party is unable to provide a compelling argument for why the court should reject it.
What will happen if a parent wishes to modify the custody agreement, or how will disagreements be settled?
A custody agreement must be reasonable. There will inevitably be disagreements. Both a parent’s personal and professional circumstances may alter. A custody agreement recognizes that differences may arise and significant changes in circumstances may impact the arrangement. Your contract should specify how disagreements will be settled and how suggested modifications will be addressed.
How may Notary Public Dubai assist you with Legal Drafting Services?
A child custody lawyer at Notary Public Dubai should be consulted if you are drafting a child custody agreement. You may better grasp UAE legislation and the requirements for drafting child custody agreements with the aid of an expert child custody lawyer. For any Legal drafting services, don’t hesitate to contact us.
Hassan Humaid Al Suwaidi is a UAE Citizen and the founder of the firm HHS Lawyers. He has a vast experience of 20 years of dealing with high-value and complex notary requirements. Hassan has been involved in some of the largest legal settlements in the UAE and is commended for his ability to attain the most favourable outcomes for his clients.