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What is access?
Access is the legal right of a child and an adult to have contact with one another when they no longer live together.
It often follows a separation or divorce. However, it can also follow the breakdown of any relationship where someone wishes to continue having contact with a child or children from that relationship. This right can also be granted to relatives and others.
A child has a right to maintain contact with a parent or guardian if they want to. Where the child’s age and level of understanding are appropriate, the voice of the child can be taken into account as part of any court decision.
Access should not be confused with guardianship (the legal responsibility to make major decisions about a child’s upbringing) or with day-to-day care (custody) (who the child lives with most of the time).
Note: a parent or guardian who is not currently living with the child or partner is sometimes called a non-resident parent or non-custodial parent.
Access by agreement
You can agree access arrangements for a child. If you cannot agree, you can ask a judge in court to make a decision.
Where both parties agree, it is possible to put shared access arrangements in place. Agreements may cover practical day-to-day or special arrangements such as:
- meeting the child in person on agreed days and times
- meeting the child at a social or special event, such as a birthday
- communicating by phone or other electronic means
- overnight stays on alternate weekends or during school holidays
- going on holidays with the child
You may also ask a judge to make your agreement a rule of court. This means it is treated the same as a court order and can be legally enforced. Applying to make your agreement a rule of court is the same as applying for an access order.
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Access decided by the court
If you cannot reach agreement, you can apply to the court for access. The examples below show who may apply. This is not an exhaustive list.
Most applications are made to the District Court. Applications can also be made to the Circuit Court, often as part of a judicial separation or divorce case.
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Parents disagree on access arrangements
If parents cannot agree, the non-resident parent or guardian can apply for an access order. This is an order by a judge setting out how access will happen. The judge may consider the child’s views, depending on their age and level of understanding.
Relatives of the child
Brothers, sisters, aunts, uncles, and grandparents can apply to the court for access. This includes relatives by adoption and also applies to a child who may be in State care.
Guardians
Any person who is currently a guardian, including a temporary guardian, who does not already have access may apply to the court.
Other adults
Any other adult who the child lives with, or has lived with, can apply for access. When deciding whether to grant access, the judge will consider:
- the applicant’s connection with the child
- any risk of disruption to the child’s life or harm caused by access
- the wishes of the child’s guardians
- the views of the child
- whether it is necessary to make an order to facilitate access
