Govt. Authorised e-Stamping Centre · CSC ID 136237240013 Mon–Sat 10:00 AM – 7:00 PM
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Child Custody Agreement & Parenting Plan

Recording how separated parents will share the care of their children — knowing that the court\u2019s test is the welfare of the child, not the terms of the agreement.

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The welfare of the child governs, always.

Parents can agree arrangements, and courts strongly prefer agreed arrangements to imposed ones. But no agreement puts custody beyond the court's reach: the test applied is the welfare of the child, and arrangements can be revisited as circumstances change. Draft the plan as the parents' considered proposal — well thought through, workable, and demonstrably in the child's interest — and it is very likely to be respected.

What a workable parenting plan covers

  • Where the child lives, and the regular pattern of time with each parent — set out as a schedule rather than as a principle
  • Handover — times, places, and who does the travelling
  • School holidays, festivals and birthdays, which is where most disputes actually arise
  • Schooling — which school, who pays, and who signs
  • Medical decisions, routine and emergency
  • Travel, including consent for travel abroad and custody of the passport
  • Communication between the child and the non-resident parent, and between the parents
  • Relocation — what happens if one parent needs to move
  • How the plan is reviewed as the child grows
Write the calendar, not the principle.

"Reasonable access" is the phrase that generates the most litigation in family matters. Alternate weekends from Friday evening to Sunday evening, half of each school holiday, alternate major festivals — a plan that a third party could operate without interpreting it is a plan that survives a bad month between the parents.

Where a matter is already before the Family Court, the plan is normally placed before the court as consent terms rather than left as a private agreement. Family Court matters →

On stamp duty.

We do not publish duty figures on this website. The Gujarat Stamp Act, 1958 was amended in 2025 and several articles were restructured; a rate printed on a web page goes stale and costs somebody money. As a Government authorised e-Stamping centre we confirm the duty currently prescribed for your specific document and issue the e-stamp against it, at face value. The notarial fee is separate and capped by law — ₹35 to attest execution, ₹35 to administer an oath or take an affidavit, under Rule 10(1) of the Notaries Rules, 1956. The full fee table →

Drafted here, in Gujarati or English

Drafted by an advocate of 35+ years rather than filled into a downloaded template, e-stamped at a Government authorised centre, and notarised in the same visit. If the parties read Gujarati, the document is drafted in Gujarati — not translated out of an English form, because legal Gujarati has its own settled vocabulary and a literal translation frequently means something looser.

What to bring

  • Details of the children, their ages and schools
  • Both parents' addresses and working patterns
  • Any existing court order or interim arrangement
  • A note of what has been agreed so far
  • Passport and travel details where travel abroad is contemplated

Related

Common questions

Is a custody agreement enforceable?

It binds the parents as an agreement and carries real weight with a court, particularly where it is detailed and has been working. But the court's jurisdiction over the welfare of a child cannot be excluded by agreement, and arrangements can be revisited if circumstances change.

Should the plan go before the court?

Where a matter is already before the Family Court, yes — placing it as consent terms gives it the force of an order and makes enforcement straightforward. Where there is no proceeding, a well-drafted private plan is often enough, and can be placed before a court later if needed.

My former spouse wants to take our child abroad. Do I have to consent?

Travel arrangements should be dealt with expressly in the plan — including who holds the passport, what notice is required, and what consent documentation is provided. Where there is no agreement and a dispute arises, it is a matter for the court.

Not sure which document you need?

Tell us what the office, bank or court asked for. We will name the exact document, the stamp value and whether notarisation is enough — before you pay anything.

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