Shared Parenting Information Group (SPIG) UK
- promoting responsible shared parenting after separation and divorce -
Sample Separation Agreement - Colorado
From 'The Mediation Process'.
[probably 'The Mediation Process : Practical Strategies for Resolving Conflict'
by Christopher W. Moore - (Jossey-Bass Conflict Resolution Series) ]
If you can confirm this, please email SPIG
This agreement is made between Roger Larkin, who resides at ..... and Mary Larkin, who resides at .....
Roger and Mary were married on ....., and were separated on .....
They have two children, Brad (eight) and Kirsten (six).
Because of disputes and irreconcilable differences, Roger and Mary have decided to live separately and to obtain a legal divorce. In view of their desire to live apart for the rest of their lives, Roger and Mary have decided to divide their property and possessions and to agree on the arrangements for custody and support of their children.
Roger and Mary agree on the following points :
Mary and Roger are both dedicated parents who, although separating, want their children to have a meaningful and positive relationship with their mother and their father. In the light of their common concern for Brad and Kirsten, both parents agree to joint legal custody of the children. The meaning of joint custody is defined below.
- Residence and visits
- The children will rotate their place of residence every three weeks so that they will spend equal time living with each of their parents. This arrangement will be tried for six months from the date of signing this agreement. If this system is satisfactory, it will be continued. Otherwise a new system of one-month rotations will be tried for the next six months. At the end of one year from the date of signing, a final agreement will be reached between Roger and Mary on the length of residential rotations for the children. A mediator or arbitrator will be used if necessary.
- Each parent shall have the children to visit and stay with him or her for two weekends of each month, regardless of where the children are residing the rest of the time. A weekend consists of Friday afternoon (beginning 3:00 - 3:30 pm) through Sunday evening (ending 7:30 - 8:00 pm). The parent picking up the child for the visit is responsible for either the Friday or the Sunday supper.
- One night each week the parent with whom the children are not living shall have an overnight visit with Brad and Kirsten. This night will be arranged by mutual agreement of the parents in consultation with the children. The preferred night for these visits is Wednesday. These evening visits begin before supper (5:30 - 6:00 pm) and end after breakfast (8:30 - 9:00 am) the following day.
- One night each week the parent with whom the children are not living may have one child for an overnight visit. This is a special one-to-one time for the parent and child.
- Each child will have a designated night to visit the parent with whom they are not living.
- The same time provisions apply for this evening as above.
- When a child reaches ten years of age, the parents, in consultation with the child, may decide to have the child reside with one or other parent for periods longer than the established rotation. This agreement will be initiated if the child desires to have an extended period of residence with a particular parent, or if both parents deem extended residence beneficial for the emotional health of the child.
- The children will spend the following holidays in 1983 with the parent designated below:
- Christmas Eve - Roger
- Christmas Day - Mary
- Thanksgiving - Roger
- Father's Day - Roger
- Easter - Mary
- Mother's Day - Mary
- The schedules for Christmas Eve, Christmas Day, Thanksgiving and Easter will be alternated in each subsequent year.
- Parents have the option of having the children visit them on the parent's birthday.
- On the children's birthdays:
- The parents will alternate holding birthday parties for each child.
- The parent who holds the party will cover the expenses for the celebration. The non-host parent is responsible only for his or her own present(s) for the child.
- The parent who is not hosting the party will have the right to attend the celebration.
- The children's birthdays are special days in themselves and do not count as visitation days.
- Each parent may have two weeks of vacation per year with both children. Vacation means an uninterrupted time with the children.
- Vacations should be taken with both children.
- The location of the vacation is at the discretion of the vacationing parent.
- If the vacation time of a parent falls in the middle of a rotation period when the children are residing with the other parent, the children will be able to spend the two weeks with the vacationing parent. However, on their return, they will complete the time remaining in the three week rotation with the parent with whom they were living before the vacation.
- The children's expenses on a vacation are the responsibility of the vacationing parent. The non-vacationing parent will, however, provide each child with ..... spending money for the two week period.
- Grandparent's visits
- Grandparents should visit their grandchildren when the children are residing with the appropriate parent; that is, Mary's parents will see the children when they are with her, and Roger's parents will see the children when they are with him.
- In the event of either Roger or Mary's death, the grandparents of the deceased will have visitation rights with their grandchildren. This visitation will consist of one visit per month, which may last up to one weekend in duration. A weekend is Friday afternoon through Sunday evening.
- Medical and health care
- If a child needs medical care, it is the responsibility of the parent with whom the child is residing to take the child to the doctor.
- Major medical decisions about the health care of both the children will be made jointly by Roger and Mary.
- The children will be kept on the health maintenance plan which currently covers Roger. each parent agrees to use this plan for the children. If a change in health plan is anticipated, the revision of this agreement will be made through consultations between Mary and Roger.
- If a dental plan is secured by Roger, both parents will agree to use it.
- Mary and Roger agree to continue using the same caretaker and day-care system that they currently have, and will consult with each other if new childcare arrangements are needed.
- The children will remain in public school in either Mary or Roger's school district. A change in schools will be made by joint consultation between the parents.
- Death of a parent
- In the event of either Roger's or Mary's death, the remaining parent will become the sole custodian of the children, and the children will reside with him or her.
- In the event that both parents should die, Mary's parents will become legal custodians of the children.
- In the event that one of the parents moves outside the Denver metropolitan area (five counties), he or she will forfeit the right to physical custody of the children to the parent who remains in the five counties area.
- When the child reaches ten years of age, the parents, in consultation with the child, may decide with whom the child will reside. This decision may result in the child moving away from the Denver area.
- If a joint decision on the living situation of the children cannot be reached by the parents, Roger and Mary agree to use either mediation or arbitration to make a decision.
- If a change in a child's residence is required, this change will occur between school years if possible.
- Day to day expenses
- Mary and Roger agree to pay the necessary housing and food expenses for the children when the children are living with them.
- The parents will equitably share the cost of toys and clothing for each child.
- Roger agrees to assume the cost of any and all medical health plans or insurance that covers the children.
- Roger agrees to cover the cost of braces on Brad's teeth.
- Roger will assume the cost of day care for the children until the time when such supervision is no longer necessary.
- Discontinuation of day care will be a joint decision of Mary and Roger.
- Roger and Mary agree to establish a higher education fund for the children.
- Each parent will contribute 1% of his or her income to this fund beginning on the fiscal year 1984. the contribution of each parent will increase to 2% in 1987.
- If either parent stops working, he or she will continue to contribute to this fund at the rate of 1% of his or her income for the last working year.
- Roger and Mary affirm that the income and property listed in Appendix A of this agreement are a total disclosure of their individual and joint assets and liabilities.
- The assets listed above are to be divided as follows:
Mary and Roger Larkin affirm that all the information in this agreement is true, and they further affirm that they will act in good faith to carry out the terms of this agreement.
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