Dear Attorney,

Good day! I hope this letter finds you well. I am writing to inquire about the requirements for executing a Shared Parenting Agreement here in the Philippines. Specifically, I would like to know whether it is necessary to have a government official act as a witness for this type of agreement. Furthermore, I am seeking guidance on what laws, rules, and considerations might apply to ensure that this Shared Parenting Agreement is both valid and enforceable.

I appreciate your expertise in this matter and look forward to any information you can share. Your assistance will be extremely valuable in helping me understand the legal aspects surrounding the preparation, witnessing, and execution of a Shared Parenting Agreement.

Thank you very much.

Sincerely,
A Concerned Parent

LEGAL ARTICLE: ALL YOU NEED TO KNOW ABOUT SHARED PARENTING AGREEMENTS IN THE PHILIPPINES

Introduction to Shared Parenting Agreements
A Shared Parenting Agreement is a written arrangement between parents—whether married, previously married, or never married—laying down the terms of how they will share custody, care, and support of their child or children. In the Philippines, the overarching principle that governs any form of child custody or parental authority arrangement is the best interest of the child. This means that every aspect of an agreement related to child rearing, visitation, and support must respect and protect the welfare of the minor.

Shared Parenting Agreements, although increasingly common in the Philippines, are not specifically defined by a single statutory provision. Instead, they operate within the broader context of the Family Code of the Philippines (Executive Order No. 209, as amended), judicial precedents, and other relevant legislation concerning minors (e.g., Republic Act No. 9262 on violence against women and children, if applicable, and other related laws).

Legal Basis for Parenting Arrangements
Under the Family Code, parental authority over legitimate children is vested jointly in the father and the mother. This is expressly outlined in Article 211 of the Family Code, which states that “the father and the mother shall jointly exercise parental authority.” Parental authority includes not only the duty to rear and educate the child but also the responsibility to provide love, care, moral guidance, and physical support. In instances where parents separate—whether through de facto separation, legal separation, annulment, or declaration of nullity of marriage—they remain under an obligation to ensure the child’s best interests are met.
When a Shared Parenting Agreement is Typically Used
A Shared Parenting Agreement is typically used in situations where parents want to avoid or minimize court litigation over custody and visitation rights. Instead of requesting a judge to make a final determination, the parents voluntarily agree on a schedule and financial responsibilities.

Married Couples Undergoing Separation: Even if the couple does not go to court, they may decide to put their mutual understanding about child custody, visitation, and support into writing to maintain clarity and consistency.
Unmarried Parents: If the parents were never married, they can still choose to execute a Shared Parenting Agreement, provided that paternity or filiation of the child is established.
Divorced Couples (in jurisdictions that recognize divorce): While divorce is not recognized between Filipino citizens within the Philippines (except in limited cases, such as the recognition of foreign divorces by a non-Filipino spouse or special laws for Muslim Filipinos under the Code of Muslim Personal Laws), those who have obtained a valid divorce abroad may find it useful to execute a Shared Parenting Agreement to facilitate consistent co-parenting.

Form and Formalities of the Agreement
Generally, the law does not prescribe a rigid “Shared Parenting Agreement” form. However, to ensure effectiveness and enforceability, certain formalities are prudent:

Written Document: The agreement should be in writing to avoid future conflicts or misunderstandings.
Clear Clauses: Include provisions regarding custody (physical, legal, or both), visitation schedules, financial support (e.g., monthly allowance, education expenses), health care responsibilities, decision-making authority on the child’s education, and dispute resolution mechanisms.
Dated and Signed: Both parents should sign the agreement, together with the date and place of execution, to show that they voluntarily entered into the arrangement with full understanding of its terms.

Notarization: Is It Required?
Notarization involves the acknowledgement of the parties’ identities and the due execution of the document before a notary public. While Philippine law generally does not require that an informal agreement between parents on custody and support be notarized to be valid among themselves, getting it notarized is highly recommended for the following reasons:

Public Document: A notarized document obtains the character of a “public document,” and it is presumed valid. This is helpful if the agreement is later challenged in court or used to prove the authenticity of the parents’ commitments.
Proof of Voluntariness: The presence of a notary public affirms that the parties executed the agreement without coercion and that they understood its contents.
Easier Enforcement: Courts tend to give greater weight to notarized documents should the agreement be questioned.

Witnesses: Do You Need a Government Official?
The direct question is whether a government official must act as a witness for a Shared Parenting Agreement. Under Philippine law, there is no absolute requirement that a government official, such as a barangay official or other public authority, personally witness the signing of this private agreement. In typical practice, it is enough that the agreement be signed by the parents in the presence of a notary public. Some key points to consider:

No Statutory Mandate: The Family Code does not stipulate that a government official must witness a private arrangement regarding custody.
Role of the Barangay: In some disputes, parents may initially seek conciliation at the barangay level, but that does not equate to a legal requirement for a government official to witness or sign the final agreement.
Practical Perspective: If you want additional assurance, you may have one or two credible private individuals witness the signing. However, that is usually optional because notarization itself provides sufficient attestation that the signatories properly executed the document.

Advantages of Having Witnesses (Government Official or Otherwise)
While not required, having at least one or two witnesses—whether they are close relatives, friends, or even a public official—can strengthen the evidentiary value of your Shared Parenting Agreement. If you choose to have a government official (e.g., barangay captain or council member) witness the signing, it may add an extra layer of trust or formality, particularly if a dispute arises down the line. Nonetheless, the more pivotal step remains notarization by a duly commissioned notary public.
Potential Court Intervention
Even if you have a well-drafted Shared Parenting Agreement, the family court may still exercise its power to review the terms if a custody or support issue is subsequently brought to its attention, especially if there is an allegation that the child’s best interests are not being served. While courts typically uphold voluntary agreements that are consistent with law and policy, any arrangement that deprives the child of adequate financial support or places the child in a detrimental situation can be modified by court order.
Enforcement and Modification

Enforcement: In the event one parent fails to follow the Shared Parenting Agreement, the aggrieved party may seek enforcement in court. If the document is notarized, it has stronger evidentiary weight. Judges usually encourage parents to settle matters amicably, but if no resolution is reached, the agreement can be used as evidence of the parties’ mutual intent.
Modification: Circumstances can change—e.g., relocation of a parent, significant increase or decrease in income, or new obligations that were not contemplated at the time the agreement was made. Parents may modify the Shared Parenting Agreement by mutual consent in writing. Again, the same formalities regarding signing, notarization, and possibly having witnesses would be helpful to ensure the validity of the new terms.

International Child Custody Concerns
For families with cross-border elements (e.g., one parent resides or works abroad), it is prudent to ensure that the Shared Parenting Agreement complies with relevant international standards, especially if there is a possibility of traveling or relocating with the child. The Philippines is a signatory to The Hague Convention on the Civil Aspects of International Child Abduction (though subject to certain conditions), so any cross-border custody arrangement must respect each country’s legal framework. Having a carefully drafted, notarized agreement can help reduce conflicts if the child travels internationally.
Common Provisions in a Shared Parenting Agreement
A typical Shared Parenting Agreement includes these clauses:

Custody Schedule: Specify the days, times, and holiday arrangements (e.g., who gets the child during Christmas, New Year, birthdays, summer vacations).
Financial Support: Detail the obligations of each parent concerning the child’s food, education, transportation, health insurance, and other necessities.
Decision-Making Authority: Outline whether decisions regarding the child’s education, medical treatment, and religious upbringing require mutual consent or if one parent can decide under specific circumstances.
Travel Consent: Address how out-of-town or out-of-country trips must be handled and whether written consent is required.
Dispute Resolution: Provide a mechanism for resolving disagreements—e.g., mediation, counseling, or a return to the notary for clarifications—before resorting to litigation.
Changes and Amendments: Indicate that future changes to the agreement should be made in writing and notarized to ensure clarity.
Child’s Best Interests: Reiterate that the guiding principle is always the welfare of the child, and any term that may contradict this principle can be modified or invalidated by a court.

Role of Legal Counsel
Consulting a lawyer when drafting a Shared Parenting Agreement cannot be overemphasized. Each family’s circumstances are unique, and certain intricacies—such as existing protective orders, prior court rulings, or special circumstances of the child—must be addressed. A legal professional can help ensure the agreement covers all crucial points, abides by legal requirements, and safeguards both the parents’ and child’s rights.
The Notarial Process
Should you decide to have the Shared Parenting Agreement notarized, be mindful of the following steps:

Draft the Document: Prepare a final version of the agreement that contains all essential provisions.
Proof of Identity: Each parent must present valid government-issued identification to the notary.
Affirmation of Voluntariness: The notary public will typically ask each parent to confirm that they are signing the agreement of their own free will.
Notarial Register: The notary will record the relevant details in his or her notarial register and affix the notarial seal.
Copies: Obtain at least two to three notarized copies—one for each parent, and possibly one to keep on file or provide to any relevant institution (e.g., school, if necessary).

Key Points on Government Official Witness
To directly address the concern: Philippine law does not mandate that a government official, such as a barangay officer, city or municipal official, or any other local authority, serve as a signatory witness to a Shared Parenting Agreement. While there is no legal prohibition if one chooses to ask a government official to sign in a personal capacity, it is not a statutory requirement. The critical element is that both parents validly execute the agreement, ideally before a notary public.

Furthermore, if a matter regarding your child’s custody and support goes to court in the future, the judge will evaluate the substance and the best interest of the child. The presence (or absence) of a government official’s signature is not the determinative factor; rather, the voluntariness of the agreement, compliance with the law, the child’s best interest, and the formalities of execution (particularly notarization) are more crucial considerations.

Practical Tips for Parents

Communicate Openly: The child’s welfare is paramount. Open lines of communication with your co-parent help avoid misunderstandings.
Seek Mediation: If conflicts arise, try mediation or counseling before resorting to court proceedings. This can save time, money, and emotional distress for both parents and child.
Keep Documentation: Retain copies of the Shared Parenting Agreement, along with any relevant documents like proof of support payments, to avoid future disputes.
Review Periodically: Circumstances change. If your financial, living, or personal situation changes significantly, consider amending the agreement.
Be Flexible: Even a comprehensive Shared Parenting Agreement cannot anticipate every scenario. Flexibility and goodwill between parents can help navigate unanticipated events.

Remedies if Agreement Fails
If one parent unilaterally deviates from the terms of the Shared Parenting Agreement or if serious disagreements arise, the aggrieved parent can:

File a Petition in Court: Ask the Regional Trial Court (Family Court) to confirm, enforce, or modify the agreement.
Seek Protection Orders: In extreme cases of violence or abuse, protective orders may be sought under Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act of 2004).
Explore Modification: If the agreement no longer serves the child’s best interest, parents can voluntarily modify its terms. Absent agreement, the court can intervene.

Conclusion
In conclusion, there is no absolute requirement under Philippine law to have a government official specifically witness a Shared Parenting Agreement. The essential elements for a valid, reliable, and enforceable agreement are that it is voluntarily entered into, well-documented, clear in its provisions, and ideally notarized. Having witnesses—whether public officials or private individuals—can add evidentiary value, but it is not mandated by statute. The paramount concern in any arrangement involving a child’s custody, care, and support is the best interest of the child.

Parents should note that while private arrangements are encouraged to reduce court involvement and foster cooperation, these agreements cannot run contrary to public policy or the applicable provisions of law, particularly those that uphold children’s rights. Should significant disputes or ambiguities arise, seeking counsel from a qualified attorney is the most prudent step to ensure that both parental rights and the child’s welfare are protected.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Laws and regulations may change, and the application of these laws can vary widely based on individual circumstances. For specific advice on your unique situation, please consult a licensed attorney.