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.
Welcome! My name is Jessica, and I work as a legal aid secretary. I am in awe of the lawyers in my office and the variety of cases they cover. From injury compensation to family court matters, they need to understand the law in a broad range of areas. As a legal secretary, it is often my job to research particular points of law or find certain cases for reference. It is a fascinating job and I work hard to keep up with the constant changes to our laws and legal processes. Friends and family often ask me for direction on legal matters and whilst I explain that I am no expert, I usually manage to provide sound advice. This blog is for people who share my passion for the law or who want to understand more about our legal system. I hope you find it engaging and useful.