[Enter heading information as to the court, etc] ______________________________________________________________ In re the Matter of: [Parent One] STIPULATION FOR ACCESS (VISITATION); ORDER and JUDGMENT AND DECREE [Parent Two] Case No. ______________________________________________________________ 1.0 FACTS 1.1 [Parent One] and {Parent Two] are the parents of 1.1.1 [Enter name, date of birth, familiar name of child.] 1.2 [Parent One] has sole custody of [Name of Child] pursuant to the orders of [Enter description of court order granting custody/access to the parents, number, location, etc]. 1.3 [Parent One] and [Parent Two] have reached an agreement that their son, [Name of Child], will be with [Parent Two] during [Period of time], subject to each and every one of the conditions set forth below. 2.0 PERIOD OF ACCESS (VISITATION) 2.1 [Name of Child] shall leave from [Habitual Residence of Child] on [Date Leaving] and shall be with [Parent Two] from the time of his/her arrival in [Place were access will be] until [Date Returned] when [Name of Child] shall leave [Place where access will be] and return to [Habitual Residence of Child]. 2.2 Under no circumstances shall [Name of Child] be with [Parent Two] or his agents or representatives after [Date Returned]. 2.3 [Name of Child] shall be returned to [Parent One] no later than [Date Returned]. 3.0 ENFORCEMENT 3.1 If [Parent Two] fails to comply with the terms of this agreement, the court shall have the jurisdiction to award any and all expenses to [Parent One], including, but not limited to, attorney fees, court costs, transportation of [Parent One] or [Name of Child], investigator's fees and similar costs that as a result of this failure become necessary for carrying out this agreement. 3.1.1 [Parent Two] shall, without exception, be strtictly liable for any fees awarded to [Parent One] pursuant to 42 USC 11607(b)(3). 3.2 [Parent Two] agrees to execute or deliver any instrument, furnish any information, or perform any other act reasonably necessary to carry out the provisions of this agreement without undue delay or expense. 3.3 If [Parent Two] fails to send [Name of Child] when scheduled, a third party appointed by the court shall pick up [Name of Child] at [Parent Two]'s expense. 3.4 [Parent Two] is aware that a violation of this agreement shall constitute a violation of [Enter information about criminal statute in Habitual Residence]. [Parent Two] specifically waives any defenses he/she may have under this section. 3.5 [Parent One] shall have the unequivocal and absolute right to apply to any court for an ex parte order to enforce the specific terms of this agreement. 3.5.1 Unless specifically ordered by the court at the time of application, no notice to [Parent Two] and/or a hearing on the merits of the requested order of enforcement shall be required. 3.6 The financial ability of either parent shall not be considered in the application of this section. Any expenditure incurred by [Parent One] in the enforcement of this agreement will be presumed to be reasonable. 3.7 [Parent Two] shall keep [Parent One] notified of his current address and telephone number. 3.7.1 As of the date of execution of this agreement by [Parent Two], his address and telephone number is: [Parent Two] [Stree and Number] [City, State/Provence, Country Postal/Zip Code] TEL: [Telephone number] 3.8 For purposes of any notice required under this agreement by a court of competent jurisdiction, [Parent Two] agrees that notice may be given by delivering or mailing such notice to his last known address as well as by any of the requirements of 9 Uniform Laws Annotated (ULA) 4 and/or 9 ULA 5 3.8.1 [Parent Two] acknowledges that the address provided in Section 3.7.1 shall be, for all purposes, the address to which any notice under this agreement shall be delivered or mailed. 3.8.2 Notice under this agreement shall be given at least 10 days before the time appointed for any hearing. The time for such notice may be shortened by a court of competent jurisdiction. 3.8.3 Notice given under this section shall be construed as being "reasonable notice" within the meaning of 9 ULA 4. 3.8.4 Personal delivery to [Parent Two] or mailing by certified mail (with or without a return receipt) is not required but may be used. 3.9 When [Name of Child] is with [Parent Two] for a period of time that is not pursuant to the terms of this agreement, such period of time shall be a temporary absence from [Parent One]. 3.9.1 If the terms of the temporary absence are in writing and dated and signed by both parents, such writing becomes a part of this agreement and shall be enforced pursuant to the terms of this section. 3.9.2 In the absence of a written agreement pursuant to 3.9.1, [Parent Two] shall, upon demand of [Parent One], at once return [Name of Child] to [Parent One]. Such demand may be written or oral. 3.9.3 Until [Name of Child] is returned to [Parent One], no action by [Parent Two] for modification of this agreement or any other order of custody/access shall be permitted. 3.10 Any retention of [Name of Child] beyond [Date Returned] shall be a "Wrongful Retention" within the meaning of The Convention on the Civil Aspects of International Child Abduction, done at the Hague on 25 Oct 1980 [The Convention]. 3.11 [Parent Two] has read and understands Article 13 of The Convention: Notwithstanding the provisions of the preceding Article, the judicial or administrative authority of the requested State is not bound to order the return of the child if the person, institution or other body which opposes its return establishes that-- (a) the person, institution or other body having the care of the person of the child was not actually exercising the custody rights at the time of removal or retention, or had consented to or subsequently acquiesced in the removal or retention; or (b) there is a grave risk that his or her return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation. The judicial or administrative authority may also refuse to order the return of the child if it finds that the child objects to being returned and has attained an age and degree of maturity at which it is appropriate to take account of its views. In considering the circumstances referred to in this Article, the judicial and administrative authorities shall take into account the information relating to the social background of the child provided by the Central Authority or other competent authority of the child's habitual residence. 3.11.1 [Parent Two] specifically acknowledges that the following language of Article 13 shall not apply in any action that may or could result from the presence of [Name of Child] in [Name of Country]: The judicial or administrative authority may also refuse to order the return of the child if it finds that the child objects to being returned and has attained an age and degree of maturity at which it is appropriate to take account of its views. 4.0 JURISDICTION 4.1 [Parent One] and [Parent Two] agree to the following facts as of the execution of this agreement: 4.1.1 They are the parents of [Enter name, date of birth, familiar name of child]. 4.1.2 This agreement is a decree in conformance with and complies with 9 Uniform Laws Annotated (ULA) Sections 1-28 the Uniform Child Custody Jurisdiction Act (UCCJA). 4.1.3 This agreement is a right of custody within the meaning of Articles 3 and 5 of The Convention on the Civil Aspects of International Child Abduction, done at the Hague on 25 Oct 1980. (The Convention). 4.1.4 [Parent Two] specifically acknowledges that this agreement is binding on him and that the agreement is conclusive as to all issue of law and fact decided (whether litigated or not) and as to the determination made unless and until that determination is modified pursuant to law, including provisions of the UCCJA 4.1.5 [Parent One] and [Name of Child] are residents and domiciliaries of [Habitual Residence of Child]. 4.1.6 The home state of [Name of Child] is [Habitual Residence of Child], per 9 ULA 2(5). 4.1.7 [Name of Child] has established significant connections with [Habitual Residence of Child] and there is available in [Habitual Residence of Child] substantial evidence concerning present or future care, protection, training and personal relationships of [Name of Child] purusant to 9 ULA 3(a)(2). 4.1.7.1 Such significant connections and relationships include, but are not limited to: 4.1.7.1.1 Peer relationships of [Name of Child]. 4.1.7.1.2 School and education systems; 4.1.7.1.3 Contact with family and friends of [Parent One]. 4.1.7.1.4 Established medical and dental routines. 4.1.8 [Habitual Residence of Child] is the convenient forum for any litigation concerning [Name of Child] per 9 ULA 7. 4.1.9 No other place has significant contacts with [Name of Child]. 4.1.10 [Name of Child] is living in a stable, healthy and wholesome environment with [Parent One]. [Name of Child] does not have any significant physical or emotional problems. 4.1.10.1 The home environment of [Name of Child] in [Habitual Residence of Child] does not expose the [Name of Child] to physical or psychological harm or otherwise place [Name of Child] in an intolerable situation within the meaning of Article 13(b) of The Convention. 4.1.11 [Habitual Residence of Child] is the habitual residence of [Name of Child] within the meaning of Article 3 of The Convention. 4.2 Any absence from [Habitual Residence of Child] of [Name of Child] shall be a "temporary absence" within the meaning of 9 ULA 2(5). 4.3 Any absence from [Habitual Residence of Child] shall not cause [Habitual Residence of Child] to lose its status as the "Habitual Residence" of [Name of Child] within the meaning of Article 3 of The Convention. 5.0 CONCLUDING PROVISIONS 5.1 This agreement is entire and shall be effective and have independent legal significance upon its execution. It shall not depend upon approval of the court and the mere approval of the court shall not affect it. This agreement shall survive its incorporation and merger where compliance is ordered with each and every term contained in an order, judgment or decree of the court. 5.2 If any provision of this agreement, or the application thereof to any person or circumstances, is held invalid, the remainder of the agreement and the application of such provisions to the other persons or circumstances shall not be affected thereby. 5.3 The approval of one party to this agreement shall make this agreement fully binding on that party. 5.4 This agreement may be filed by either party in any court for purposes of enforcement. 5.0 APPROVAL BY [PARENT ONE] 5.1 I have read and understand each and every term of this agreement. I agree to be bound by this agreement. ------------------------ [Parent One] [Country, State] ) ) ss. [County] ) On this ______________day [Month] of in the year [Year] before me, the undersigned, a Notary Public in and for [Name of State] personally appeared [Parent One], known to me to be the person whose name is subscribed to the within instrument and acknowledged that he/she executed the same. _________________________ [Space below for seal] Notary Public 5.0 APPROVAL BY [PARENT TWO] 5.1 I have read and understand each and every term of this agreement. I agree to be bound by this agreement. ------------------------ [Parent Two] [Country, State] ) ) ss. [County] ) On this ______________day [Month] of in the year [Year] before me, the undersigned, a Notary Public in and for [Country, State] personally appeared [Parent Two], known to me to be the person whose name is subscribed to the within instrument and acknowledged that he/she executed the same. _________________________ [Space below for seal] Notary Public 6.0 ORDER, JUDGMENT AND DECREE 6.1 The Court has read the above stipulation, approves of it in its entirety and ORDERS, ADJUDGES AND DECREES that the parties are to carry out each and every one of its terms. Dated: ____________________________ Judge of the [Type of Court]