Legal Aid: A Blog About Laws And Legal Processes

Right of Access: What You Need to Know About Your Right to Seeing Your Children

28 July 2016

Renee Bates

Going through a separation is difficult enough, but when there are children involved it can complicate matters. The question of the right of access to a child will be decided by the Court. If you are currently fighting for the right to have access to your child, here are 4 things you should know.

You do not have the legal right to see your child

It is a common misconception that every parent has the legal right to see their own child. This is not the case. The law doesn't automatically recognise the right of any parent to see their child. However, the law does recognise the child's right to have significant adults in their life and understands the benefits of a child having strong role models.

Everyday parenting is important

While it may be tempting to want all of the exciting moments with your child, it is important to remember that being a parent is a 24/7 job. Joyful and meaningful moments can occur just as often around the dinner table or at bedtime just as often as they can on fun days out. The law will take every aspect of a parent's involvement with a child into consideration and favours orders which cover weekday and weekend access.

The court will seek a practical solution 

In theory, a child should be able to spend an equal amount of time with each parent, with them being equally involved in the child's life. However, this will not always be possible. The Court will seek to impose an order which is reasonably practicable. For example, if the child has to travel a long distance to school, it is unlikely that this will be viewed as being practical or in the child's best interest.

Other relatives can apply for access

If for no good reason other relatives, such as the child's grandparents have been excluded from having contact with the child, an application can be made for an order which will allow the other relatives to see the child. The Court recognises that it is beneficial for a child to have contact with other relatives and will normally grant this unless there is a solid reason not to.

If you have any questions about your rights when it comes to gaining legal access to your child, you should contact a family law solicitor, who will be able to advise you on the legal process and assist you in making your application to the Court.

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