Child Custody Agreement Template (Ireland)
A child custody agreement records the arrangements parents or guardians make for the care of their children after separation in Ireland. Our free template covers custody, access, decision-making and maintenance, drafted in line with the Guardianship of Infants Act 1964 and the Children and Family Relationships Act 2015 and focused on the best interests of the child.
Parent 2: Ciarán Ó Briain, of 8 Griffith Avenue, Dublin 9, D09 WK22, PPSN: 7654321W, Tel: +353 87 345 6789.
• Alternate Weekends: The non-resident parent shall have access on alternate weekends from Friday at 6:00 pm to Sunday at 6:00 pm (or as otherwise agreed in writing).
• Weekday Overnight: Every Wednesday night.
• Handover Location: Parent 1's home, 14 Clontarf Road, Dublin 3 at 6:00 pm.
• Christmas: The Child shall spend the first half of the Christmas school holidays with Aoife Ní Mhurchú in odd-numbered years and the second half with Ciarán Ó Briain, alternating annually.
• Easter: Easter school holidays shall alternate annually between Parent 1 and Parent 2 on a year-on/year-off basis.
• Summer: The non-resident parent shall have access to the Child for 3 weeks, dates agreed by 1 April each year during the summer school holiday period, with dates to be agreed in writing by 1 April each year. In default of agreement, access shall be from the second Monday of July for the agreed number of weeks. Neither parent shall book overseas travel for the Child without first notifying the other parent in writing.
(1) Direct negotiation in good faith within 14 days of the dispute arising;
(2) Mediation through the Family Mediation Service (Legal Aid Board), consistent with the Mediation Act 2017;
(3) Only in the event that mediation fails or is refused, either Parent may apply to the Circuit Family Court for directions or orders under the GIA 1964 as amended. The Parents acknowledge that court proceedings are a last resort and that the costs of litigation are disproportionate to the benefit in most parenting disputes.
What Is a Child Custody Agreement?
A child custody agreement (also called a parenting plan) records how separated or separating parents will share responsibility for their children. It typically covers where the children live, how often they see each parent, how major decisions are made, schooling, healthcare, holidays, and child maintenance.
Under Irish law, the guiding principle is the best interests of the child, as set out in section 3 of the Guardianship of Infants Act 1964 and reinforced by the Children and Family Relationships Act 2015. Section 31 of the 1964 Act sets out a detailed list of factors courts must consider, including the views of the child (where feasible and taking age and maturity into account), each parent’s capacity, continuity of care, and safety from domestic abuse.
In Ireland, parents can record their arrangements in a written agreement without going to court, but where agreement cannot be reached, applications can be made to the District Court under the 1964 Act. Irish courts encourage parents to put agreed terms in writing, and a written agreement can later be made a rule of court if parents choose, giving it the weight of a court order.
What's Covered in This Template
The template covers the practical and legal issues parents typically need to agree.
Parent and Child Details
Names, addresses and dates of birth of each parent and child.
Living Arrangements
Primary residence and week-to-week living pattern.
Access (Visitation) Schedule
Midweek, weekend, overnight and holiday access.
Joint Decision-Making
Major decisions on schooling, healthcare and religion.
Day-to-Day Decisions
Everyday decisions made by the parent with care at the time.
School Holidays and Special Occasions
Sharing of school holidays, Christmas, birthdays, Easter.
Travel and Passports
Consent for travel abroad and passport arrangements.
Communication with the Other Parent
Methods and frequency of communication.
Child Maintenance
Monthly amount in euro, payment method, and review.
Dispute Resolution
Mediation under the Mediation Act 2017 before court.
Amendments
How the agreement can be varied as circumstances change.
Signatures
Signed by both parents.
How to Create a Child Custody Agreement
Build a child-focused parenting plan with our step-by-step form.
- 1
Enter Parent and Child Details
Provide the names, addresses and dates of birth of each parent and child.
- 2
Set the Living Arrangements
Agree the primary residence and the week-to-week schedule that works for everyone.
- 3
Agree Access and Decisions
Set the access schedule and how major decisions will be made jointly.
- 4
Add Maintenance and Holidays
Agree child maintenance in euro and how school holidays and special occasions will be shared.
- 5
Review and Sign
Review with the other parent, consider making the agreement a rule of court, and sign.
Legal Considerations in Ireland
Child custody arrangements in Ireland are governed by the best-interests principle and by a suite of family-law statutes.
This template is for information only and is not legal advice. Consider consulting a family law solicitor or a registered mediator, particularly where there are safeguarding concerns.
Drafted for Irish family law
Guardianship of Infants Act 1964
The Guardianship of Infants Act 1964, substantially amended by the Children and Family Relationships Act 2015, is the primary statute on custody, access and guardianship. Section 31 requires the court to regard the best interests of the child as the paramount consideration and lists the factors to be taken into account.
Children and Family Relationships Act 2015
The 2015 Act modernised Irish family law, extending guardianship to step-parents, civil partners and cohabitees in specific circumstances, and introducing more detailed provisions on children’s views and welfare. Irish courts now routinely apply these provisions in custody disputes.
Mediation Act 2017
Under Irish law, the Mediation Act 2017 requires solicitors to inform clients of the benefits of mediation before issuing family-law proceedings. Mediation is often more effective than litigation in reaching child-focused agreements in Ireland, and the template includes a dispute-resolution clause referring first to mediation.
Making the Agreement a Rule of Court
Parents in Ireland can apply to the District Court or Circuit Court to have their agreement made a rule of court under family-law legislation. This gives the agreement the same enforceability as an Irish court order and can assist with maintenance enforcement through the Maintenance Acts 1976–1994.
Frequently Asked Questions
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