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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.
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CHILD CUSTODY AGREEMENT
Parenting Arrangement — Ireland
PARENT 1
Aoife Ní Mhurchú
14 Clontarf Road, Dublin 3, D03 XR20
By: PPSN: 1234567T
PARENT 2
Ciarán Ó Briain
8 Griffith Avenue, Dublin 9, D09 WK22
By: PPSN: 7654321W
Child: Niamh Ní Mhurchú-Ó Briain · DOB: 5 June 2018
Effective: 15 April 2026
This Child Custody Agreement (this "Agreement") is entered into as of 15 April 2026 by and between Aoife Ní Mhurchú ("Parent 1") and Ciarán Ó Briain ("Parent 2"), collectively referred to as the "Parents." This Agreement concerns the parenting arrangements for the child Niamh Ní Mhurchú-Ó Briain, born 5 June 2018. The Parents acknowledge that all decisions under this Agreement are made with the paramount consideration being the best interests of the child, as required by the Guardianship of Infants Act 1964 (GIA 1964) s. 3, as amended.
1.
PARTIES
Parent 1: Aoife Ní Mhurchú, of 14 Clontarf Road, Dublin 3, D03 XR20, PPSN: 1234567T, Tel: +353 1 234 5678.
Parent 2: Ciarán Ó Briain, of 8 Griffith Avenue, Dublin 9, D09 WK22, PPSN: 7654321W, Tel: +353 87 345 6789.
Parent 2: Ciarán Ó Briain, of 8 Griffith Avenue, Dublin 9, D09 WK22, PPSN: 7654321W, Tel: +353 87 345 6789.
2.
CHILD(REN)
The child the subject of this Agreement is Niamh Ní Mhurchú-Ó Briain, born 5 June 2018, currently attending Scoil Chiaráin, Clontarf, Dublin 3. The Parents confirm that there are no other children of the relationship not otherwise provided for. References to "the Child" in this Agreement mean the child named in this clause.
3.
GUARDIANSHIP
Both Parents acknowledge and confirm that they are, and shall remain, joint guardians of the Child under the Guardianship of Infants Act 1964 (GIA 1964) s. 6, as amended by the Children and Family Relationships Act 2015 (CFRA 2015). This Agreement does not affect guardianship status; it addresses only the practical arrangements for the Child's residence and parental access. As joint guardians, both Parents retain equal rights and responsibilities in relation to the Child's upbringing, religion, education, and general welfare.
4.
PRIMARY RESIDENCE
The Child's primary residence shall be with Aoife Ní Mhurchú. For the avoidance of doubt, "primary residence" reflects modern Irish family law practice following the CFRA 2015; the term "custody" as previously used in the GIA 1964 has been superseded in practice. The designation of a primary residence does not diminish the parental rights of Ciarán Ó Briain or affect joint guardianship.
5.
PARENTAL ACCESS / CONTACT
Ciarán Ó Briain shall have reasonable and generous access to the Child in accordance with the schedule set out in this clause, consistent with the Child's best interests (GIA 1964 s. 3):
• 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.
• 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.
6.
SCHOOL HOLIDAYS
School holiday periods shall be divided as follows:
• 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.
• 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.
7.
COMMUNICATION
During the periods when the Child resides with either parent, the other parent shall be entitled to reasonable telephone or video contact with the Child. Unless otherwise agreed, the minimum frequency of contact shall be Daily at 7:00 pm, minimum 20 minutes. Neither parent shall interfere with or discourage the Child's communication with the other parent. The Child shall not be questioned about the other parent's domestic arrangements.
8.
EDUCATION AND HEALTH DECISIONS
Decisions relating to the Child's education, healthcare, religion, and general welfare shall be made jointly by both Parents as joint guardians under the GIA 1964. In the case of a medical emergency when the other parent cannot be immediately contacted, the parent present with the Child is authorised to consent to emergency medical treatment in the Child's best interests. Both Parents shall promptly inform the other of any significant health or educational event affecting the Child.
9.
INFORMATION SHARING
Both Parents are entitled to receive copies of all school reports, medical records, and other relevant information relating to the Child, consistent with the Parents' rights as joint guardians under the GIA 1964. Each Parent shall authorise relevant schools, general practitioners, hospitals, and other service providers to share information directly with both Parents. Neither Parent shall take steps to prevent the other from receiving information about the Child.
10.
HANDOVER ARRANGEMENTS
Handover of the Child shall take place at Parent 1's home, 14 Clontarf Road, Dublin 3 at 6:00 pm, unless otherwise agreed in writing between the Parents. Each Parent shall ensure that the Child is ready for collection at the agreed time and shall not unreasonably withhold or delay handover. The Child shall be returned with all personal belongings and necessary medications.
11.
NON-DISPARAGEMENT
Neither Parent shall, directly or indirectly, make derogatory, critical, or negative remarks about the other Parent in the presence or hearing of the Child, or to or in the presence of the Child's teachers, healthcare providers, or other persons in a position of authority over the Child. Both Parents recognise the importance of a positive relationship between the Child and both parents for the Child's emotional wellbeing, consistent with the principles of the Child Care Act 1991 (CCA 1991) and the CFRA 2015.
12.
RELOCATION
Neither Parent shall relocate the Child's primary residence to a location more than 60 days travel from the current address, or abroad, without: (a) giving the other Parent 60 days' prior written notice; and (b) either obtaining the other Parent's written consent or obtaining a court order permitting the relocation. This provision reflects the requirements of the CFRA 2015 and existing case law on parental relocation in Ireland. See also Clause on International Travel below.
13.
REVIEW
The Parents agree to review the arrangements set out in this Agreement Annually, on or before the Child's birthday, or earlier if either Parent requests a review following a material change in circumstances. Reviews shall be conducted in a spirit of cooperation and with the Child's best interests as the primary consideration. Any agreed amendments to this Agreement shall be made in writing and signed by both Parents.
14.
DISPUTE RESOLUTION
In the event of any dispute arising under or in connection with this Agreement, the Parents agree to seek resolution in the following order:
(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 Family Court (Family Courts Act 2024) 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.
(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 Family Court (Family Courts Act 2024) 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.
15.
FINANCIAL PROVISIONS — CHILD MAINTENANCE
Child Maintenance: The non-resident parent shall pay child maintenance to the primary-residence parent in the amount of EUR 600 per month, payable on or before the first day of each calendar month by standing order to the primary-residence parent's nominated bank account. This figure is calculated by reference to the Child's reasonable needs and the paying parent's financial means, in accordance with the principles applied under the Family Law (Maintenance of Spouses and Children) Act 1976 as amended.
Extra-Ordinary Expenses: Extra-ordinary expenses (orthodontics, private tuition, school trips, significant extracurricular activity fees, uninsured medical costs) shall be shared in proportion to the Parents' respective gross incomes (recalculated annually on production of Form 11/Form 12 returns). The Parent proposing an extra-ordinary expense shall provide reasonable advance notice and supporting documentation.
Review: The maintenance figure shall be reviewed annually on 1 April of each year. Either Parent may at any time apply to court under the 1976 Act for a variation if the agreed figure no longer reflects the Child's reasonable needs or the paying parent's means.
Extra-Ordinary Expenses: Extra-ordinary expenses (orthodontics, private tuition, school trips, significant extracurricular activity fees, uninsured medical costs) shall be shared in proportion to the Parents' respective gross incomes (recalculated annually on production of Form 11/Form 12 returns). The Parent proposing an extra-ordinary expense shall provide reasonable advance notice and supporting documentation.
Review: The maintenance figure shall be reviewed annually on 1 April of each year. Either Parent may at any time apply to court under the 1976 Act for a variation if the agreed figure no longer reflects the Child's reasonable needs or the paying parent's means.
16.
INTERNATIONAL TRAVEL, PASSPORT AND CROSS-BORDER RECOGNITION
Neither Parent shall take the Child outside the island of Ireland without the other Parent's prior written consent, such consent not to be unreasonably withheld. Consent for international travel shall be requested at least 21 days in advance and shall specify the destination, travel dates, accommodation details, and emergency contact information. Each Parent shall be entitled to hold a copy of the Child's passport. Any application to renew or obtain a passport for the Child shall require the written consent of both Parents.
Cross-Border Recognition: The parties acknowledge that parental responsibility orders and arrangements are recognised across the European Union under Council Regulation (EU) 2019/1111 of 25 June 2019 (Brussels IIb), which entered into force on 1 August 2022, and in non-EU contracting states under the Hague Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children.
Child Abduction: Unauthorised removal of the Child from Ireland without consent or court order may constitute child abduction under the Child Abduction and Enforcement of Custody Orders Act 1991, Ireland's obligations under the Hague Convention on the Civil Aspects of International Child Abduction 1980, and (in EU contexts) Brussels IIb. In the event of a dispute regarding travel consent, either Parent may apply on an urgent basis to the Family Court (Family Courts Act 2024) for directions, and (in international cases) may also apply to the Central Authority for International Child Abduction at the Department of Justice.
Cross-Border Recognition: The parties acknowledge that parental responsibility orders and arrangements are recognised across the European Union under Council Regulation (EU) 2019/1111 of 25 June 2019 (Brussels IIb), which entered into force on 1 August 2022, and in non-EU contracting states under the Hague Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children.
Child Abduction: Unauthorised removal of the Child from Ireland without consent or court order may constitute child abduction under the Child Abduction and Enforcement of Custody Orders Act 1991, Ireland's obligations under the Hague Convention on the Civil Aspects of International Child Abduction 1980, and (in EU contexts) Brussels IIb. In the event of a dispute regarding travel consent, either Parent may apply on an urgent basis to the Family Court (Family Courts Act 2024) for directions, and (in international cases) may also apply to the Central Authority for International Child Abduction at the Department of Justice.
17.
SCHOOL CHANGE CONSENT
Neither Parent shall remove the Child from, or enrol the Child in, any school or educational institution without the prior written consent of the other Parent. Consent shall not be unreasonably withheld. If the Parents cannot agree on a school, either Parent may apply to the Family Court (Family Courts Act 2024) for a determination, with the Child's educational best interests as the governing criterion (GIA 1964 s. 3; CFRA 2015).
18.
EXTRACURRICULAR AND RELIGIOUS ACTIVITIES
Neither Parent shall enrol the Child in any significant new extracurricular activity (sports, performing arts, scouts/guides, supplementary tuition), religious instruction, or non-emergency therapy (counselling, occupational therapy, speech therapy beyond initial assessment) without the prior written consent of the other Parent. Ordinary day-to-day activities (playdates, casual sports, school-organised events) do not require advance consent. Each Parent shall promptly inform the other of any significant activity in which the Child is enrolled, including schedule, fees and any safeguarding considerations. Both Parents acknowledge that as joint guardians under the GIA 1964, significant decisions about the Child's upbringing — including religious instruction — must be made jointly.
19.
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of Ireland. The Family Court (Family Courts Act 2024) shall have jurisdiction over all disputes arising under or in connection with this Agreement, including applications to vary or enforce any provision hereof under the Guardianship of Infants Act 1964 as amended by the Children and Family Relationships Act 2015. Nothing in this Agreement restricts either Parent's right to apply to court where the best interests of the Child so require.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date indicated.
PARENT 1
Aoife Ní Mhurchú
Date: ____________________
PARENT 2
Ciarán Ó Briain
Date: ____________________
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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.
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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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