Types of Child Visitation and Access
As a divorcee with children, you have certain legal rights and obligations when it comes to your minor children. In many cases, the court will have outlined child custody, visitation, access, and support order. Depending upon the circumstances of the divorce and your existing relationship with your children, the court can decide to order different types of access and visitation. Reasonable Visitation and Access This type of visitation and access is where both parents are on amicable terms and the court feels the parents are responsible and reasonable enough to arrange child visitation and access on their own. As a result both parents are given full control over access and visitation schedules and the flexibility to modify them, without having to get permission from the court. Set Visitation and Access Schedule For less amicable divorces, the court can establish a set visitation and access schedule. This is where the parents are given a specific time when they will have their children, like every weekend from 5 pm on Fridays until dropping them off at school on Mondays. The schedule also stipulates which parent will have the children during school breaks, holidays, and other times of the year. Supervised Visitation and Access This type of access to your minor children is commonly prescribed in situations where the court is concerned about certain behaviors the other parent has exhibited in the past, but believes the parent should be allowed access to their children. For instance, the parent has had addiction problems in the past and the court wants to ensure the safety of the children while visiting with their parent. Supervision can be carried out by a responsible friend or relative or a court appointed designee. Rights as a Parent If you are not happy with the initial visitation and access orders, there are steps you can take, with help from your Toronto family law lawyer to seek modifications to the court’s original orders. However, even while the litigation is pending, you must still comply with the existing orders until a modification is granted by the court. Failure to do so could actually hurt your case. In some situations, one parent may begin to be less accommodating towards the other, refuses to be flexible, or creates difficulties that make access and visitation to the minor children difficult. Further, as your children get older, they might decide they would prefer to live with you, rather than the parent. Whenever you encounter these types of situations, it is best to work with your divorce lawyer and work towards resolution using various legal methods and the courts. Courts will grant modifications to the original visitation and access orders, as long as they feel it is in the child’s best interests. Please remember, the content presented here is for informational purposes only, and by no means should be viewed as actual legal advice. To obtain legal advice about child access and visitation matters or modifications, contact the experienced family law lawyers at Kain & Ball by calling 647-499-4888 now to arrange a consultation appointment.