The terms of access can be very specific and detailed on the specific days and times at which the parent can see the child and how and when the exchanges between the parents will take place. This is sometimes called specified access. If, after divorce or the breakdown of a de facto relationship, parents can agree on how to care for and access to children, an education plan or consent orders should be developed. Under joint guardianship, both parents continue to participate in the most important decisions of the child`s life. The child can only live with one parent or live in a timely manner with both parents. As a general rule, a parent has daily care and control of the child. Both parents work together to make decisions about their child; a parent cannot make important decisions about the child on his or her own. If you can`t agree on parenting rules, you may need to ask the Court of Justice for a parenting order that includes parental responsibilities and parental access. Before that, you had to try to find mediation in the hope of an agreement. The application must be accompanied by a copy of a certificate issued by an accredited family dispute resolution body. A parental request may also be made by grandparents. If your case is complex, then the application must be filed with the Family Court; However all other applications must be submitted to the Bundesgerichtshof.
Judges almost always approve agreements between parents, unless it can harm the child. If a parent refuses an agreement, the case goes to court so that the judge can rule on custody of the children. The best child care and access system for your children will be a system that you and your spouse work together to develop. You will both commit to it, and since you both know your children, it will probably be the best for the children as well. In addition to indicating a parent`s access to court decisions or access agreements, consideration may also be given to whether the child can be removed from the province, how the exchange of access should take place and how communication between parents should take place. Under the sole custody of the child, the child lives with a parent who makes decisions about his or her life. The other parent usually has access to the child. Children have the right to spend time with their parents with whom they do not live. When a child lives most of the time with a parent, the other parent usually has access to the child, unless access is not in the best interests of the child.
Access is sometimes referred to as parental leave. Our family laws reflect the belief that a child should have as much contact with both parents as he or she is compatible with his or her interest. A parent opposed to the other parent`s access must be able to prove that access is not in the best interests of the child. The right of access is also the right of the child. The parent with Demobis cannot deny access to the other parent because they have bad feelings between them or because they do not pay for child care. You can try to settle something else yourself, or return to mediation at any time to resolve disputes. Even if you always go back to mediation, it will probably cost less than going to court. There are different types of access that can be granted to parents or other family members. Often, a parent has the right to “reasonable and generous access,” and in real time, place and length of access is left to parents to train with each other.
Otherwise, the court or an agreement can determine the time, place and duration of access. If there is a concern about the safety of the child, a court may order that access be monitored or completely prohibited.