Children tend to do best when they can have a relationship with both parents. Yet sometimes non-custodial parents face challenges when trying to see their children. When that happens, the team of access and visitation lawyer at the family lawyer of Saskatoon is here to help you.
Ideally, most issues with access and visitation are dealt with during the divorce. We help our clients negotiate parenting plans they can live with. Yet sometimes the non-custodial parent starts denying access, or life circumstances change and you want to seek more access.
No matter where you are in the process, our team is here to help.
How is Parenting Time Determined in Saskatoon?
Parenting time is negotiable and there is no one set formula. Courts do tend to favor agreements that give parents as much time with their kids as possible, whenever it is safe and within the best interests of the child to allow it.
There is no minimum time for any parent, and many divorce decrees will create a very broad, useless “reasonable and liberal access” clause that could be interpreted to mean just about anything.
We recommend our clients negotiate a very firm, clear agreement that says exactly how many days each parent will spend with the child, and when. We also recommend adding clauses that explain what happens if there are unforeseen circumstances, what the expectations are at pick up and drop off, who pays for special travel expenses, and more.
This way, everyone understands exactly what everyone else means and expects, and you have something firm and concrete for the court to back if the other parent starts trying to deny you your time.
Can a Custodial Parent Stop Visitation?
A custodial parent cannot legally stop visitation. Once your access rights are outlined in your divorce decree they cannot be violated, and you can take the custodial parent back to court to show cause as to why they are not complying with it.
This is true even if you are behind on your child support. Access is a separate issue. This doesn’t mean many parents do not try to block access to the kids. If you’re having trouble getting your ex to honor access and parenting time, give us a call.
Can I Get Supervised Visitation Rights?
If you’ve been denied access in the past it’s because the court felt you were a danger to your child. Supervised visitation rights can be a good next step. You will have to petition the court and show that you’ve made major changes since the previous decision.
For example, if you had an untreated mental health condition that endangered your child you’d have to bring in your treatment team to talk about your progress, what you’re doing to control your disease, and what kind of work you’ve put into becoming safer for your child to be around.
If the court agrees you should receive supervised visitation they would appoint a third party professional to supervise your visits and would set a visitation schedule.
Get Help Today
Got access and visitation issues? Call (306) 653-7757 to schedule a consultation today.