Sample Joint Parenting Agreement
The sample below is just an example. Each particular case is different and the document will be prepared by the law firm to reflect the particulars of the case. This document is made a part of the Judgment For Dissolution and is presented before the presiding Judge for approval and entry. If not done to the satisfaction of the Judge, the Joint Parenting Agreement will not be approved.
IN THE CIRCUIT COURT OF COOK COUNTY,
ILLINOIS
COUNTY DEPARTMENT - DOMESTIC RELATIONS DIVISION
IN RE THE MARRIAGE OF: JOE JONES Petitioner,
No.
and
JONI JONES Respondent.
JOINT PARENTING ORDER AND AGREEMENT
This cause coming before the Court on
the parties' stipulation to have this matter heard as
an uncontested cause, the Court having jurisdiction of
this cause and of the parties and the Court being fully
advised that the following is submitted to the Court by
agreement of the parties as a proposed plan for the sharing
of custodial and child care responsibilities pursuant
to the purposes of the Illinois Marriage and Dissolution
of Marriage Ace (herein the "Act") as set forth
in Sections 102 and 602 thereof and in accordance with
the procedures set forth in Section 602.1 of the Act.
IT IS HEREBY ORDERED:
ARTICLE I - CUSTODY
1.1 The parties believe
and agree that it is presently in the best interests of
the minor child that they share joint custody of the minor
child pursuant to the provisions contained in this Agreement.
The parties further agree that JONI JONES (herein referred
to as "Mother") is designated as the primary
residential parent subject to JOE JONES'S (herein referred
to as "Father") visitation as set forth herein.
1.2 That this Order
shall be effective upon entry of same and that no motion
to modify custody shall be made earlier than two (2) years
after its date, unless the court permits it to be made
on the basis of Affidavits that there is reason to believe
the child's present environment may endanger seriously
the child's physical, mental, moral or emotional health,
pursuant to 750 ILCS 5/610.
1.3 For purposes of
this Joint Parenting Agreement, the term "Joint Custody"
or "Joint Parenting" shall mean each party shall
confer with each other and consider the other's opinion
on all important matters pertaining to the minor child's
health, welfare, education, religious training, extracurricular
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activities and upbringing, including
but not limited to choice of day care providers, pre-schools,
public, private or religious schools, course curriculum,
tutoring, lessons, athletics, choice of camps, travel
away from home, full or part-time employment, purchase
or operation of a motor vehicle, and the like, with the
view to arriving at a harmonious policy to promote the
minor child's best interests. Each party shall have authority
to inspect the child's school, financial, legal and medical
records and to confer with physicians, teachers, school
personnel, counselors and psychologists regarding the
minor child. Additionally, each party shall provide to
the other ample prior notice of all conferences with the
child's teachers, school personnel, counselors, psychologists
and physicians regarding the minor child. Each party shall
have the right to participate in all school and extracurricular
events and activities of the minor child which are open
to parents, including, but not limited to, sports, scouts,
camp, music and arts, and the like, and each party shall
provide the other reasonable notice of same. The parties
shall cooperated with each other in notifying the school
authorities in which the minor child is enrolled, to list
both parties as the father and mother of the minor child
and further authorizing them to release any and all information,
documents, records, reports, grades, evaluations and bulletins
to both parties regarding the minor child.
1.4 Both parties will
use their best efforts to foster the respect, love and
affection of the minor child towards each parent and shall
cooperate fully in implementing a relationship with the
minor child that will give them the maximum feeling of
security that may be possible. It is agreed by and between
the parties that they will always conduct themselves in
such a manner as to be conducive to the welfare and best
interests of the minor child.
1.5 Neither party shall
make derogatory statements, ridicule, defame, belittle
the other, or other's family and friends in the presence
of the minor child or in any other way seek to undermine
the minor child's love and respect for the other parent.
The parties shall also advise their respective family
members to refrain from making any similar remarks intended
to embarrass the child, other parent or other parent's
family and friends.
1.6 Each party shall
keep the other informed as to the exact place where each
of them resides, the telephone numbers of said residence,
his or her mobile phone or pager numbers, his or her place
of employment, the telephone numbers of same and any other
information with respect to such party's residence or
whereabouts (including vacation). Neither party shall
utilize the telephone or pager numbers of the other for
any purpose unrelated to the minor child.
1.7 The parties shall
be allowed to telephone the minor
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child and the minor child shall be encouraged
to telephone the parties at all reasonable times, on a
daily basis. Neither parent shall use a telephone answering
machine or similar device to screen a parent's call to
the minor child unless the minor child is not physically
present.
1.8 The minor child's
surname is that of the Father. That no other surname or
hyphenated name shall be used either formally or informally
in private, public, school or any other records, appointments
or reservations unless otherwise agreed by the parties
in writing.
ARTICLE II - JOINT PARENTING
TIME
2.1 The parties agree
that Father shall have parenting time with the minor child
as set forth below:
A. WEEKLY PARENTING TIME
Reserved.
B. WEEKEND PARENTING TIME
Father shall have weekend parenting time
every weekend from Friday evening through Sunday evening.
C. HOLIDAYS
Even Years Odd Years
Easter Day Father Mother
Memorial Day Mother Father
Fourth of July Father Mother
Labor Day Mother Father
Thanksgiving Day Mother Father
Christmas Eve Father Mother
Christmas Day Mother Father
New Year's Eve Father Mother
New Year's Day Mother Father
D. VACATION PARENTING TIME
1. SPRING VACATION:
Reserved
2. CHRISTMAS VACATION:
Father shall have one week of parenting time with the
minor child.
3. SUMMER VACATION:
Father shall have eight weeks of parenting time with the
minor child.
E. MISCELLANEOUS
Father shall have parenting time with
the minor child on Father's Day and Father's birthday
every year.
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Mother shall have parenting time with
the minor child on Mother's Day and Mother's birthday
every year.
Father and Mother shall have reasonable
parenting time with the minor child on the children's
birthdays.
The aforementioned holiday schedule shall
take precedence over the parties' weekend and weekly parenting
time with the minor child.
Each party has the right of first refusal
to care for the minor child when the other is unavailable
resulting from employment, personal, social and travel
commitments.
2.2 The minor child
shall be properly dressed during the exchange of parenting
time between the parties and for special occasions. Each
parent shall be provided with the appropriate clothing
and other necessities specifically including, but not
limited to, toiletries, medication, sporting goods, toys,
schoolwork and the like, which shall be returned with
the child upon conclusion. Both parties will provided
the child with clean clothes at the exchange of parenting
time between the parties.
2.3 Each party shall
advise the other of any serious illness or injury or emotional
trauma suffered by the child as soon as possible, after
hearing of same. In the event that one parent is precluded
from parenting time by virtue of illness or injury to
the minor child, the parties shall cooperate to implement
a reasonable alternate or substitute opportunity for that
parent to have parenting time.
2.4 The parties shall
always use their best efforts to resolve any scheduling
conflicts that may arise as to avoid any inconvenience
or interference to the other party. Each party shall exercise
common courtesy and consideration in promptly advising
the other party when said party is unable to provide care
to the minor child or will be unavoidably detained or
delayed in picking up or returning the minor child at
the scheduled time. Each party shall provide the other
the specific pick up and return times as close as can
be approximated and shall make every effort to adhere
to said specific times. However, for the convenience of
the parties and the minor child, the parties shall remain
flexible concerning these specific time.
2.5 If either party
desires to travel with the minor child outside the jurisdiction
of this Court, the traveling party shall provided the
other party an itinerary which includes the destinations,
mode or transportation, dates of travel, and telephone
numbers where they can be reached, and related information,
at least (14) fourteen days in advance of the scheduled
departure date for trips of less than four (4) days' duration
(e.g. weekend trips) and at least thirty (30) days in
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advance of the scheduled departure date
for trips of four (4) days or more. The traveling party
shall arrange reasonable telephonic communication with
the minor child when traveling with the minor child and
the other parent during such periods. Neither party shall
place unreasonable restraints on either parties' desire
to travel with the minor child outside the jurisdiction.
ARTICLE III - REVIEW
3.1 The parties agree
to review the terms of this Joint Parenting Order and
Agreement annually beginning December of this year. However,
said review shall not preclude a party from modifying
the visitation provisions of this Order/Agreement upon
proper petition and notice.
ARTICLE IV - DISPUTE RESOLUTION
4.1 In order to avoid
the escalation of dispute into formal litigation, the
parties agree to first discuss any disputes relating to
the terms contained in this Joint Parenting Agreement
as follows:
4.2 If any disputes
arise between the parents as to any of the provisions
of this Order, other than modification of visitation or
implementation thereof, or any other issue relating to
the general subject matter of this Order or to the child's
welfare and best interests, the complaining party shall
first notify the other party of the nature of the complaint
and both parties shall make reasonable attempts to negotiate
a settlement of the dispute. When practicable under the
circumstances, the complaints shall be made in written
form and given to the other party. The party receiving
said complaints shall, when practicable, reply to the
complaint in a similar manner in written form.
4.3 In the event that
the parties cannot resolve any such disputes between themselves
within seven (7) days, the parties agree that they shall
enter mediation with the American Arbitration Association
in an attempts to resolve their differences. The parties
shall each pay one-half (1/2) of all costs of mediation.
4.4 While the parties
acknowledge and understand their rights to submit any
such disputes to a court of competent jurisdiction, the
parties understand that such litigation is frequently
not in the best interests of the minor child, and agree
to seek judicial intervention only as an avenue of last
resort.
ARTICLE V - REMOVAL
5.1 Neither party shall
have the unrestricted right to
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remove the minor child to another jurisdiction
to reside therein on a permanent basis, without first
obtaining the informed written consent of the other party
or the approval of a Court of competent jurisdiction.
Further, neither party shall be permitted to remove the
minor child from this jurisdiction on a temporary basis
and retain said minor child outside this jurisdiction
where the purpose, intent or result thereof, will be to
deprive the other party of that party's parental and custodial
rights, care-giving and contact events, oral and written
communications with the minor child, or would otherwise
interfere with, impede, or undermine the purposes and
intents of this Agreement.
5.2 Leave to remove
the minor child from this jurisdiction on a permanent
basis shall be subject to and governed by Section 609
and Section 610 of the Illinois Marriage and Dissolution
of Marriage Act and the provisions of Sections 602 and
602.1 of said Act, or any successive provisions of said
Act.
APPROVED: ENTER:
_________________________
_________________________
JOE JONES
________________________
JONI JONES
JOE ATTORNEY
Attorney For Petitioner
123 ELM ST.
CHICAGO, IL
See additional Sample Divorce Documents
Sample Joint Parenting Agreement
This Agreement governs the rights and responsibilities of the parties in terms of the joint parenting of the child or children. Visitation details and Holiday schedules are also included.
Sample Judgment of Dissolution
This documents is the final order of the court, signed by the Judge and made binding. The Judgment will often include a Marital Settlement Agreement and Joint Parenting Agreement.