A parent who is not given custody of a child can still have rights to visit the child and take part in the child’s life. This is called parenting time or access. The right to parenting time allows you to visit with your children and know about their health, education and general welfare. You and your spouse can either agree on parenting time yourselves or you can ask the court to make an order. Access or parenting time orders can be open or they can be specifically structured depending on the circumstances.

Types of parenting time (access)

Generally, the court will order one of the following three types of parenting time orders: reasonable, fixed, or supervised. In some cases, access will be denied.

1. Reasonable

If both parents are in agreement, parenting time arrangements can be left open and flexible instead of having a detailed schedule. This is sometimes called reasonable access, and it allows the parents to informally make arrangements that can easily be changed if the situation changes.

2. Fixed

If the terms of the parenting time include a specific and detailed schedule, this is known as fixed or specified access. The terms may cover things like holidays and birthdays.

A typical fixed access order is one in which the parent who is given access will be with the child on alternate weekends and perhaps one evening in between. Long weekends will be divided equally as will Christmas vacations and March break. A parent with access will usually have the child for two or three weeks in the summer to coincide with their own vacations. Fixed parenting time/access orders may include where the child and parent will spend time, or other conditions.

3. Supervised

There may also be cases where the parenting time needs to be supervised by another person. For instance, when the parent:

• has a problem with drugs or alcohol,
• has abused the child in the past, or
• has threatened or tried to take the child away from the other parent.

A social worker, relative, friend, or children’s aid worker may all qualify to be the one who supervises the access visit.

4. No parenting time (access)

Where appropriate, the non-custodial parent may be denied any parenting time. This usually happens in only the most extreme cases, such as when serious child neglect or abuse has been proven, or where a child’s safety is at risk.For more information about visitation and access rights, visit the Ministry of the Attorney General website.

A criminal record will affect child custody and adoption. To erase your criminal record, call toll-free 1-888-808-3628 or learn more at Pardon Partners. It’s easier than you think.

Getting the advice and legal help you need

Making decisions about child custody can be very difficult and quite complex. A lawyer can help you understand your legal rights and obligations, and help you to create the best possible arrangement for you and your children. It is advisable to get the legal help that’s right for you. For legal advice and assistance regarding child custody issues and other family law matters, contact a family law lawyer.

								
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