Key Child Custody Access Information For Cananda

Divorce is always a difficult experience to undergo, especially when children are involved. This is true for citizens of Canada, just as it is everywhere else. One key point to keep in mind is that Canada has special rules for non-custodial parents. These parents are allowed access to the child under most conditions, but various restrictions may apply. Here a closer look at how Canadian law deals with this important topic.


If the two ex-spouses come to a voluntary agreement about access, the Canadian courts will typically accept the arrangement. This gives the access parent the right to spend a reasonable amount of time with his child or children. Of course, if the parents do not have a good relationship, coming to an agreement may be impossible and the court must decide the issue.


If the court feels that spending time with the non-custodial parent might pose a risk to the child in some way, the judge may order supervised access. Under this arrangement, the access parent is allowed to spend time with the child, but is never alone with the child. In some instances, the visits take place at supervised access centers, where trained personnel watch the child closely. Also, the court may order supervision during exchanges of the child. This avoids any potential conflict between the parents when the child is being picked up or dropped off.


Denial of access to a child is rare in Canada, but does occur in certain cases. Sometimes courts may feel that supervised visits do not safeguard the child well enough. If the non-custodial parent presents an obvious danger to the child, the court may refuse to allow him any access at all.


The Canadian Government discourages a parent from taking the child out of the country without the permission of the other parent. If a non-custodial parent wants to take the child to another country, he should first get permission from the custodial parent. He should have a notarized letter from the custodial parent and be prepared to present it to at the border or airport.


Access laws do not link the issues of child access and child support. A non-custodial parent still has a right to see his children even if he is behind on child support.

Rules and regulations concerning a divorced parent’s access to his child are designed with the best interests of the child in mind. If you are a divorced parent concerned about child access issues, consult with a family attorney, like WJ Garry Bracken, in your area.

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