Custody at Christmas

07/12/2018


Bringing up children as part of a separated family can be difficult at any time of the year, but as Christmas approaches and images of happy families flood our consciousness, it can be particularly tough for parents who don’t see their children as often as they might like to, and indeed for the children themselves.

 

‘Access’ refers to the right of the child to see the parent that he or she does not predominantly live with. It is worth pausing to note that access was initially seen as being a parent’s right, it is now understood as being a right of the child.

 

Although custody may lie with one or other of a child’s parents, the other parent will usually have access rights, whether informal or court ordered. If both parent can agree that their child would benefit from seeing more of the non-custodial parent over the holidays, it is best to make informal arrangements, which can be done by way of mediation or collaborative law.

 

Mediation is where a third party (mediator) helps the parents reach an agreement that is documented in writing. This written agreement can then be made a Rule of Court. Mediation is a free service and mediators can be found across the country.

 

With collaborative law, the parents work with specially-trained solicitors to resolve any issues through face-to-face meetings. Decisions are made by the parties involved. This agreement can also be written and made a Rule of Court.

 

If neither avenue is an option for the parties involved, a variation order to the original access order can be sought from the District Court. Depending on the level of acrimony between parents, it may be wise to seek the advice of a family law solicitor when going through this process.

 

It is important to understand that the courts will consider the variation order in the context of what is deemed to be in the best interest of the child. Depending on the child’s age, they may be consulted during this process.

 

If you are finding it difficult to come to an informal arrangement regarding your child’s access to either parent over Christmas, contact us in confidence today.

 

In contentious cases, a Solicitor may not charge fees or expenses as a percentage of any award or settlement.

Contact us for more information


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