Section 80C of the Child Support (Assessment) Act 1989 (“the law”) allows parents to enter into a private custody agreement instead of relying on the assessment of child care. The parties must sign identical documents to enter into a valid custody agreement. The amendments must be paraphrased by both parties to prove that they were made prior to the signing of the agreement. A child care agreement may contain information in the form of recitals. In recitals, these are generally statements that set out the facts and context of the agreement and often contain a statement indicating the intent of the parties. Considerations are often useful in interpreting the agreement when the clauses and words used in the operational clauses are not clear. Although the recitals are not part of the operational clauses of an agreement, the agreement may indicate that they must be part of the agreement. Example: Robin agrees to pay $5,000 a year in tuition for Elise. Fees must be paid at Sunny Coast College. Robin`s annual child care rate is expected to be reduced by $2,500. Please contact our Family Relationship Law Team if you need help with child care issues. Child welfare agreements are mandatory for parents. There are few concrete possibilities to terminate an agreement.
Since the agreement was not reached three years ago, neither Jimi nor Teresinha can inform the clerk in writing of the termination of the contract. However, a contracting party may request a fictitious reassessment (NA). If the amount of the new NA varies by more than 15% compared to the previous NA and the agreement did not consider changing the circumstances related to the change in care for Branka, Jimi or Teresinha may inform the clerk in writing of the termination of the contract within 60 days of receiving the notification of the new NA. A mandatory child care agreement cannot be amended (CSA Act Section 80CA). To amend a mandatory child protection contract, the contract must be terminated and replaced with a new mandatory child welfare contract. For more information on how to modify or terminate a mandatory child welfare contract, please contact 2.7.5. For more information on how to suspend a mandatory child protection contract, please visit 2.7.6. The amendments are intended to facilitate the termination of mandatory child care agreements when childcare systems change. The new 80D (2A) section of the Act allows the Registrar of Children`s Aid to terminate a mandatory child welfare contract when the party receiving child care is no longer an “eligible caretaker.”