Legal Contract Essay, Research Paper

Custodial and Visitation Agreement

This agreement made and entered into on April 5, 2000 by and between Ms. Emily Parent (”Emily”) and Mr. Joseph Parent (”Joseph”) will hereby express the terms and conditions that will govern their custody and visitation rights in regards to their daughter Stephanie Parent (”Stephanie”). It is hereby agreed:

I. Background

The agreement will act as a settlement in relation to the litigation of the case of Parent v. Parent for the custody of Stephanie Parent, the daughter of Emily and Joseph.

II. Terms

This agreement will commence on April 5, 2000 and will continue until

Stephanie reaches the age of majority provided the following visitation schedule is

strictly adhered to:

a) Custody – Joseph agrees that Emily and Captain Roger Stepford (”Stepford”) will continue to be Stephanie?s legal residence and that Emily and Stepford will be allowed to relocate with Stephanie.

b) Holidays and Vacations – Stephanie will spend all school holidays, holidays and summer vacations with Joseph at Joseph?s home, wherever he may reside at that time, except for the summer immediately following any relocation by Emily and Stephanie. In the occasion of such a relocation, Stephanie will spend up to two weeks of the summer vacation immediately after a relocation with Joseph and return to Emily to become acclimated to her new environment for the following school year.

1) Upon written agreement, signed by both parties, it may be agreed to that Stephanie may spend a school holiday or holiday with Emily and Stepford.

2) Upon written agreement, signed by both parties, it may be agreed to that Stephanie may spend an entire summer vacation with Joseph.

3) If a holiday or religious observance falls within the school week and Stephanie is not excused, or off, from school Stephanie will remain with Emily.

c) Communication – Joseph will have open access to communication with Stephanie via phone, fax, e-mail and any and all avenues of correspondence. At no time shall Emily have the right to interrupt communication between Stephanie and Joseph.

d) Weekend Visitation – Joseph will retain the right to visit with Stephanie on every other weekend during the school year at the location where Emily, Stepford and Stephanie are then located.

Stephanie may be allowed to visit Joseph over long weekends when it

is agreed upon by both parties, in writing, that Stephanie is old enough

to travel on her own, or at the age of 13, whichever may come first.

e) Travel Expenses – All expenses for travel by Joseph in relation to these visitation rights are to be assumed by Joseph. All reasonable travel expenses Stephanie incurs in relation to traveling to and from Joseph for summer vacation, holidays and school holidays will be paid for by Emily.

III. Remedies

a) Delay – If the custody and or visitation agreement is materially interrupted or delayed, Joseph or Emily may suspend this agreement and demand a custody hearing to be commenced immediately.

b) Disputes – All claims or disputes arising out of this agreement shall be decided in accordance with the laws of New York State.

c) Amendments and Entire Agreement – No amendment shall be made to this agreement unless mutually agreed upon by both parties in writing. This agreement constitutes the entire agreement between the parties and shall supersede any and all prior written or oral agreements between the parties. Notices shall be sent to each party at the address written below each parties signature at the end of this agreement.

IN WITNESS WHEREOF, the parties have executed this agreement on the date first written above:

____________________ ____________________

Mr. Joseph Parent Emily Parent

2 Joe Way 2 Parent Way

Mayville, NY 10013 Scarsdale, NY 10000

III. Definitions

1. School Holidays – means any vacation from the school curriculum that is decided by the school district in which Stephanie is currently attending.

2. Summer Vacation – means the break between the end of the previous school year and the start of the next school year. This time will coincide with the summer season and is traditionally over the months of July and August.

3. Holidays – means Federally recognized observances and religious observances.