Non Parental Access to A Child What Will A Court Consider?

When couples go through a divorce process they need to keep in mind that along with divorce many other things are associated. The very process of divorce is not only painful for the divorcing couples but also for their children. In most cases it is seen that divorce of their parents affects the children in adverse way.

Added to the pain of getting separated from their parent, another thing which affects them is they are dragged into the custody battle. Family lawyer in Oakville during the custody battle states that a non-parent should not be provided access to the child of their current partner depending on the situation. This is done while keeping in mind the best interest of the child.

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Things That Court Keeps In Mind While Making Parenting Order

When making a parenting order, one thing which is often considered by the court is whether the arrangements made for the child is based on the best interest of the children. For instance, the parent should be able to meet the basic need of the child.

Although, the Court concludes that for the best interest of the children, it is important for parents to take equal responsibilities. Still, Family lawyer in Oakville will try to look into the best interest of the children. For this reason, the opinion of the children should be taken into consideration.

Non-Parent Access to Child Access Can Be Harmful

Within family law, access to a child by a biological parent or a non-biological parent is always taken into consideration after taking a look into the interest of the child who is the main subject of a case. Usually, Family lawyer in Oakville will look into the fact or evidences in order to see if the relationship between the child and non-biological parent will help to support the interest of the child.

In one such case, the mother of a child filed a petition can claimed that if her child continues to maintain any kind of contact with her ex-partner and non-biological parent, it is affecting the behavior of the child. In order to handle this type of cases, a court usually tries to take into account other case laws or instances where a non-parent seeks access to a child with who they might not have contact for a long time.

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What The Court Usually Does?

Family lawyer in Oakville defines that in order to handle this kind of situation; the court tries to take into account certain points. They are:

  • If the custodial parent objects of such non-parental contact, court will not allow any access to the non-parent.
  • Courts oppose to allow a relationship to develop a relationship between a child and a non-parent if it feels that it is putting undue pressure on the parent or affecting the daily life of the custodial parent.
  • A non-parent should be able to prove that their access is beneficial for the child.

Family lawyer in Oakville can help a custodial parent in their fight to stop the access of a non-parent getting too close to the child. Court arrives at a decision only after considering the best interest of the child.