Access

Access generally means the time children spend with the parent they do not usually live with. But access is not limited to the parent who does not have custody— any person can apply for access to a child (including grandparents, aunts and uncles, and other relatives). If the court believes this access is in the child's best interests, the court will grant it.

Under section 16 of the Divorce Act, access specifically includes the right to ask for and receive information about the child's health, education, and welfare. A parent with access rights under the Family Relations Act needs a guardianship order to get similar rights to information about the child.

Frequency of access is up to the parents to decide. If parents cannot agree and access must be decided in court, the judge will order as much contact between the child and each parent as is consistent with the child's best interests.

Parents often agree that access should be "reasonable" and/or "generous," which means that they decide informally between themselves when and how often access will occur. They are committed to the children seeing as much of each parent as possible. Such an arrangement often works best between parents who get along well or have older children who will decide for themselves when to spend time with each parent.

Another common arrangement is to agree to generous access, but specify some or all of the times and dates for access to occur. Such an arrangement may outline access as occurring, for example, "on alternate weekends, from Friday at 3 p.m. to Sunday at 6 p.m." This type of arrangement is called specified access. Such access may also set out who will pick up and drop off the children, and at what location. It may also define when each parent will see the children on special occasions and holidays such as Christmas, Easter, birthdays, Mother's Day, and Father's Day.

If there are concerns about a child's wellbeing during access or if a young child needs to be reintroduced to a parent, the court may order or parents may agree to supervised access. This means that either a mutually agreed upon person or someone from an agency that provides such services will accompany the child and parent during access. If there has been hostility and harassment between the parents at pick-up and drop-off times, the parents may agree or the court may order that the children be dropped off and picked up in a way that avoids contact between the parents. One way is to meet in a public place, such as McDonald's, to transfer the children. Another way is for the parent to stay in the car and watch the child being dropped off at the other parent's home until the child is safely inside. There are many ways of avoiding conflict. If there are safety concerns for yourself or the children, always get help from a family justice counsellor, advocate, or lawyer.

Access can be whatever works for your family.

Note: It is a good idea to get legal advice before making or changing a decision about access.