The guardian of a child can voluntarily agree to the Minister becoming the guardian of the child instead of them [Children's Protection Act 1993 s 9]. Custody agreements are designed to help families resolve serious disputes or conflicts when a child is 'at risk' and there is support for intensive intervention or when a placement is needed whilst family intervention is undertaken.

A custody agreement normally lasts for three months with an option to extend up to a maximum of six months. It can be terminated at any time by the guardians or child over 16. If the child is over 16 years then the agreement cannot be made unless the child agrees. Children under 16 years must be consulted (providing they have the capacity to understand the proceedings) before an agreement is made.

If intervention is required for a longer period, then more formal procedures must be followed, such as a family care meeting and, if the matter is not resolved, then by a care and protection application to the court.