14 Sep ALL ABOUT ACCESS
What Is Access?
Access is the legal term for the right of a parent, who is not living with their child, to visit or stay with the child periodically or to have contact with the child in some other way. The rationale for access is that it is good for the child living with one parent to remain in contact with the other parent.
Access can be direct or indirect. Direct access is where the parent and the child physically spend time together while indirect access is where the parent and child communicate with each other through video/audio calls, texts and emails as opposed to physically spending time together.
Other family members, like grandparents, can also have the right to access a child.
Ways of determining access
The Parental Responsibility Agreement
Parents can formally agree on access modalities by signing a Parental Responsibility Agreement (PRA). In the PRA, the parents can provide the time, place, and length of access a parent is to have with the child.
This process is more preferable since the parents know their children well and are likely to agree on what is best for their children. It is generally more harmonious.
Court Process
If parents are unable to agree, they may apply to the Children’s Court for the court to make an access order. Such parents should consult with an advocate who is experienced in children’s matters, as the proceedings can get complicated.
Factors considered by the court in making an Access Order
Section 135 (1) (a) of the Children Act of 2022 enables a court to give an “access order”. The access order can determine the frequency and duration of access to the child or it can give “reasonable access” to a parent and the actual time, place and length of access is left to the parents to work out between them.
The right to access is a child’s right and, therefore, a parent who wishes to participate in the life of his/her child will generally not be denied access. However, there are instances where the court can deny or restrict access. Such instances include where it is absolutely necessary and in the child’s best interest. This is more so if the child is opposed to the access and is of an age where their wishes and feelings can be taken into account. Additionally, if there are concerns about the child’s safety, a court may order that the access be supervised or forbidden entirely.
The information above is not nor is it intended to be specific legal advice. This website is designed for general information only. You should consult an advocate for advice regarding your specific situation. We invite you to contact us about your family law situation and welcome your calls, letters and emails.