Access and Visitation

"Access" refers to the time that the non-custodial parent has the child in his or her care. Unless the court has concerns regarding a person's parenting ability, the court will generally award the non-custodial parent with as much access or visitation as possible. The non-residential parent is normally entitled to spend time with the child on a regular basis, and has the same right as a custodial parent to make enquiries and receive information about the health, education and welfare of the child. However, if the court does have concerns regarding the person's parenting ability, then "supervised access" may be ordered. In such a case, when the non-custodial parent visits with his or her child, it may occur within a facility where they can be supervised by a social worker or supervision can be done by a friend or family member who is appropriate.

This is an area where parties may wish to incorporate the access terms into a Separation Agreement which can be far more flexible, detailed and custom made as opposed to a Court Order. It may also be of assistance to engage a Parenting Coordinator to assist in setting out access in everyone's best interest.