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Sample Parenting Agreement for a Medium Level High Conflict Couple
(School age children)
GENERAL PHILOSOPHY
- Since we believe in the importance of both raising our children, we agree to share joint legal
and physical custody of our children, Jeremy (currently age 8) and Jennifer (currently age 6). We
agree to be cooperative in the best interests of our children. Because we have difficulty settling
on many issues, we agree to the appointment of a mediation / arbitration professional, who is
sometimes referred to as a Special Master.
- Cooperative parenting establishes a framework wherein, mutually or with a mediator, we agree
to establish two homes for Jeremy and Jennifer, arrange for the day-to-day care of Jeremy and
Jennifer, consult one another concerning the needs of Jeremy and Jennifer and each other as their
needs relate to Jeremy and Jennifer. This framework does not require that any set method of
parenting be used but only that it be established in a cooperative manner.
- Both of us understand that cooperative parenting requires the acceptance of mutual
responsibilities as well as mutual rights insofar as Jeremy and Jennifer is concerned and may
require that we put Jeremy and Jennifer's needs ahead of our own. We set forth the following
agreement as to the times and places where Jeremy and Jennifer will reside, what our
responsibilities will be and other relevant factors. We further agree that this agreement will
be reviewed at least on an annual basis and specifically renewed or revised as necessary.
- We are aware that the Court always has jurisdiction to modify any arrangement that concerns
the well being of Jeremy and Jennifer. Notwithstanding this, we specifically express our intent to
not resort to the Court except pursuant to paragraph 63 below.
- While we were living together in a relationship, law and custom gave us certain rights and
responsibilities regarding the parent-child interaction. It is our specific intent that these
same rights and responsibilities continue, except as to those changes necessitated by the
dissolution of our relationship and the establishment of two households. Since it was not necessary
to be specific as to what the exact terms of the parent-child interactions were during our
relationship, we do not feel that it is necessary to set forth all of the specific requirements of
the new parent-child relationship. Such requirements as are set forth herein do not imply that this
is a comprehensive or exclusive listing.
- Both of us will continue to provide a home for Jeremy and Jennifer until they reach
adulthood. Each will care for the physical, emotional and intellectual needs of our children as
best we can; each will have the best interests of Jeremy and Jennifer at heart.
- We shall decide all issues, such as the time Jeremy and Jennifer shall spend with us,
schooling, medical care, etc., between us, using the general intent of this agreement.
- It is agreed that the parent with whom Jeremy and Jennifer reside will have day-to-day
jurisdiction of Jeremy and Jennifer; however, all decisions of a substantive nature will be made
by consensus, if time and circumstances reasonably permit.
- Major decisions pertaining to education, health, summer activities and welfare of Jeremy
and Jennifer shall be decided by both of us after adequate consultation has occurred between us
about the developmental stages of the children, the welfare of the children, the best interests of
the children, and, so far as possible, the desires of the children.
- Both of us agree to foster love and respect, even in trying times, between the children and
the other parent. Neither of us shall do anything, which may estrange Jeremy and Jennifer from
the other parent or hamper the natural and continuing relationships between the children and
either parent.
- We agree to honor one another's parenting style, privacy and authority. We will not interfere
in the parenting style of the other parent, nor will we make plans or arrangements that would
impinge upon the other parent's authority or times with the children without the express agreement
of the other parent.
- Further, we understand that each of us has or may establish an emotional / romantic
relationship with another adult and neither of us requires that such relationship be a marital
relationship, nor shall either attempt to limit the parental rights of the other solely on the
grounds that such a relationship is not a marital relationship.
- The personal possessions of the children are, as we both acknowledge, their personal
property. They are to have complete freedom as to where they want their personal property: they
may leave clothing, shoes, etc., at either of their homes, subject to a reasonable rebalancing of
those items at periodic intervals.
PARENTING SCHEDULE
- During the school year, as defined by the school calendar, the children will reside with
the mother, except for the following times when they will be with their mother.
- During the school year, the children will spend time with the father as follows:
- Every other weekend, from Friday where the father or his appointee will pick the children
up from school, and he will keep them until Monday morning when he or his appointee will return
the children to school.
- Each week, father shall have the children for a Wednesday overnight visit. This will begin
immediately after school (after-school day care may be used if pick up cannot be immediate).
The children will be returned to school on Thursday morning.
- During the last week each month of the school year, father shall have Jennifer on Tuesday
from after school until the following morning when she will be returned to school. On Thursday of
that week, father shall have Jeremy from after school until the following morning when he will be
returned to school. As above, use of daycare and pick up or drop off by an appointee may be followed
if needed.
- School breaks will be handled as follows:
- Christmas Vacation
- The vacation will be divided in half, to include the use of a half-day if necessary. The
shift between households will occur at 12 noon on the appropriate day.
- Father shall have the first half of Christmas Vacation in even-numbered years, mother
in odd-numbered years.
- Christmas Eve day and Christmas day shall be handled as follows:
- Christmas Eve day, starting at 8 AM and ending at 8 PM will be observed by the parent who
has the children for the second half of the Christmas vacation.
- If father has the second half of the Christmas vacation, he will return the children to
school on their first day back after the vacation, and mother's parenting time will resume on that day.
- Spring Break
- Spring break shall be alternated each year, with mother observing it with the children
in even-numbered years, father in odd-numbered years.
- Spring break will begin immediately after school on Friday. The parent who has them that
year will pick up the children.
- The children will be returned to school by the Spring break parent the following Monday.
- Summer Vacation
- Summer vacation will be divided in two-week blocks. Father will have the first two-week
block with the children, and they will continue to alternate the children in two-week blocks of
time until the end of the summer. Each parent can arrange his/her own day camp or such
activities during his/her own time with the children.
- If away from home on vacations, both parents are obligated to inform the other parent as to
the destination, travel route and flight information (if appropriate) at least 10 days prior to
the departure. These will also be filed with the mediator/arbitrator who will, at all times, hold
the children's' passports until an appropriate release time.
- If the children are not traveling out of town, they will visit with the other parent one
day per week, to include an overnight. The children, wherever possible, will be picked up from
day camp and returned to day camp the following morning. If this is not possible, they will
negotiate a comfortable, neutral pick up and drop off with the final approval of the Mediation /
Arbitration person. If the children are on a vacation trip, those days, of course, will not
be observed.
- Holidays and Birthdays will be handled as follows:
- Mother's Day
- Regardless of their normal visitation schedule, the children will spend Mother's Day from
9 AM to 8 PM with their Mother.
- Father's Day
- Regardless of their normal visitation schedule, the children will spend Father's Day from
9 AM to 8 PM with their Father.
- Thanksgiving Weekend
- The weekend will begin immediately after school on Wednesday and end with a return to school
the following Monday. The weekend will alternate with spring break, so mother will observe it
with the children in even-numbered years and father in odd-numbered years.
- New Years Eve and Day
- The parent who has the children during the second half of the Christmas vacation will
observe these days.
- Easter Sunday
- Easter Sunday will be alternated each year, with father observing it with the children
on odd-numbered years, mother on even-numbered years. It will begin at 6 PM Saturday night and
end at 6 PM Sunday night.
- Memorial Day Weekend
- Memorial Day weekend will begin immediately after school on Friday and end on Tuesday
morning after Memorial Day. Its observance will override the regular visitation schedule. It will
be celebrated with mother in even-numbered years and father in odd-numbered years.
- Labor Day weekend
- This weekend will begin immediately after school an Friday and end Tuesday morning when
the children are returned to school. Father will observe the weekend with the children in
odd-numbered years, mother in even-numbered years.
- July 4th
- The day will begin at 9 AM on the 4th and end at 10 AM on July 5th, where the children
will be returned to the appropriate parent. Father will observe July 4th in even-numbered years
and mother in odd-numbered years.
- Father and Mothers Birthday
- Parent's birthdays will always transcend the regular visitation schedule. Since both
parents' birthdays are during the school year, observation will begin immediately after school
on school days and end at 8 PM. On non-school days, the observation will begin at 9:00 AM and end
at 8 PM.
- Children's Birthdays
- The children's birthdays will be observed with the parent with whom they reside when
the birthday falls. The other parent will make alternative plans to celebrate the children's
birthdays when the children are with him/her according to the normal co-parenting schedule.
PARENTAL CONTRIBUTIONS
- We will both contribute a share of our resources (money, time, energy, effort, etc.) to
the children for their material and psychological well being. Each of us will provide the necessary
food, clothing, medical and dental care, shelter, recreation, etc., as would be usual and
reasonable for a person in his or her economic circumstances. Both of us shall provide medical
and dental coverage when it is available through our employer.
- Both of us agree to consult with one another concerning medical and dental insurance. We
will determine which has the best plan for the best price and, if in agreement, obtain that plan.
We agree to share the cost of that plan insofar as coverage for Jeremy and Jennifer is concerned.
We further agree to divide and pay any uncovered costs on a 50/50 basis where such charges are
less than $100.00. When such charges exceed $100.00 and are of a non-emergency nature, we agree
to consult and discuss such costs. We further agree to pay the charges that we do agree upon
within thirty (30) days of submission.
COMMUNICATION AND CONFLICT RESOLUTION
- All communications about the children shall be written in a communication book, which shall
pass with the children as they pass between households. In it are to be noted important events of
the previous week, the child's health and need for current medication, and upcoming appointments
that may effect the children's scheduling. Requests for adjustments in co-parenting times may also
be entered. While each parent is encouraged to respond to all requests within 48 hours, silence
in regard to a request shall be considered a "yes". The book may not be used to criticize either
parent's behavior.
- Should any disputes arise between us or the children in the areas of education, health
care, childcare, religious training, operation of a motor vehicle, extra-curricular activities,
vacations, or other significant issues, we agree that it is in the best interests of the children
and ourselves to resolve any disputes. All such decisions must be made jointly or arbitrated. They
may not be made unilaterally by either parent. Should either of us wish to modify this agreement,
we agree to:
- Meet and confer with one another, each to present to the other a proposed solution to
the dispute. If there is no resolution at this step, we will then:
- Meet and confer with an expert in the field related to the dispute, e.g., doctor,
teacher, counselor, etc. If there is no resolution at this step, we will then:
- Meet and confer with a mediator/counselor who has had experience in dispute resolution.
All concerned shall use their best efforts to resolve the issues. Should there be no resolution at
this step, we will then:
- Submit the matter to a Special Master for mediation/arbitration prior to returning to court.
If there is no resolution at this step, we will then:
- Only in the event that we still cannot agree will we submit the matter to a Court of
competent jurisdiction. We understand that this is an extraordinary step and will be resorted to
only when there is no other way to resolve the problem.
- This section shall apply to all parts of this agreement.
- Until there is resolution of any dispute that may arise concerning this agreement, the
operative terms of this agreement shall remain in full force and effect.
MISCELLANEOUS
Child Illnesses
- Whichever parent has had the children sleep over the night before an illness is responsible
for staying home with that child the next morning if that child is too ill to return to school (or
camp in the summer). Obviously, both parents are to inform the other of routine illnesses, which
require the child to stay home from school.
Out of Town Travel
- If a parent travels out of town for fewer than 48 hours, that parent is responsible for
arranging childcare for the children. If a parent is going to be gone for more than 48 hours, then
the other parent must be offered first fight of refusal. If that parent cannot care for the
children, it is up to the traveling parent to arrange full-time childcare until the return. If a
parent accepts care of the children, there will be no make-up time for the absent parent.
Telephone Access
- The children may call the other parent whenever they like up to two times a day.
- Each parent may call the children once per every 48 hours of absence. Children are to be
given privacy for their telephone conversations by the other parent. The call is to be placed at
a mutually agreed upon time, mediated if necessary, which will remain the same over the weeks.
The residential parent is obligated to ensure the presence of the children and the absence of
any activity that may draw them away from a phone call (i.e. favorite TV program, neighborhood
outdoor activity a block away).
Transportation
- The basic principal is that the parent having the child is responsible to deliver the
child either to the other parent who is supposed to have the child, or to the event or activity
the child is expected to attend.
Day to Day Decisions
- Decisions about bedtime, hygiene, minor disciplinary actions, minor medical and dental
procedures, curfew, chores, allowances, social dress, and jewelry shall be the province of
the household in which the child dwells at the moment.
Emergencies
- Each parent is required to notify the other parent within 3 hours of any medical emergency.
The parent present is authorized to sign legal consents for both parents to permit emergency
intervention.
Information
- Each parent is required to set up his/her own information network for information about
school and routine medical appointments. Each is required to tell professionals that they hold
joint custody and each parent has equal rights to access all information. On any emergency
information sheet, each parent will list the other as the first person to contact if he or she is
not reachable.
Geographical Relocation
- 74. Relocation within the Denver metropolitan area (Jefferson, Adams, Boulder, Denver,
Douglas and Arapaho counties) may be done only after Mediation / Arbitration has taken place as
to the required changes in the children's schooling, day care, and after school activities. The
children may not be removed permanently from Colorado without the express approval of the other
parent, a Mediation / Arbitration decision, or an order of the court.
Review of Agreement
- During the month of June each year, the custody recommendations shall be reviewed and
modified as agreed through mediation.
________________________ ________________________
Father Mother
________________________ ________________________
Special Master Date
NOTE: The examples above, while comprehensive, are not exhaustive in terms of recommendations,
nor are they intended to be a "standard" agreement. Instead, they are intended to offer suggestions
regarding the range of issues that must be covered and the depth of detail in which recommendations
must be addressed for many families. I urge you to develop your own parenting agreement with the
details and information required for your family with consideration of the amount of conflict that
you normally experience.
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