Especially as your kids get older, visitation is never as simple as sticking to a schedule. It’s totally normal for a non-custodial parent to have specific wishes for visitation rights. Maybe you want access to your child on certain holidays. Maybe you want to have a different schedule at different times of the year. Or maybe you want a unique schedule for your visitation time.
If you’re looking to establish visitation rights in your divorce, or even post-divorce, we’ll help you better understand how these processes work in BC, and how you can get your demands in your divorce in this post.
What does Visitation Mean?
In the context of family law, visitation refers to the legal right of a non-custodial parent or another authorized person to spend time with a child who primarily resides with the custodial parent or guardian. While we’ll say “visitation” in this post, and many people will still refer to it as such, “visitation” is actually now referred to as “access” or “parenting time.” This change happened in 2021, after an update to BC’s Divorce Act.
People often interchange the phrases “visitation rights” and “child custody,” but it’s important to know that they have two distinct definitions according to the Divorce Act. Custody rights determine where the child primarily resides and who has decision-making authority regarding the child’s upbringing. Visitation is focused on providing ongoing contact between the child and their non-custodial parent to maintain a positive parent-child relationship.
How to Get Visitation Rights
Visitation rights are typically granted when parents are separated, divorced, or no longer living together, and the court determines that it is in the best interest of the child to maintain a relationship with the non-custodial parent. These rights allow the non-custodial parent to spend designated periods of time with their child, facilitating ongoing parent-child contact and fostering a meaningful relationship.
The specific terms and conditions of parenting time and access are typically outlined in a court order or a parenting plan, which may specify the frequency, duration, and location of visits. The schedule can vary depending on the circumstances and the age of the child. It may include regular visitation on specified days and times, such as weekends, holidays, or vacations. The court may also consider factors such as the distance between the parents’ residences and the child’s school schedule when determining the access arrangements.
Access rights can be customized to suit the unique needs and circumstances of each family. However, the court’s primary consideration in establishing visitation is the best interest of the child. Factors such as their age, emotional well-being, existing relationship with each parent, and any history of abuse or neglect may be taken into account.
One of the most important factors in getting visitation rights is having an experienced family lawyer. Often, people who seek parenting time and access rights or certain custody agreements fare worse when they don’t hire a lawyer.
The team here at Dhanu Dhaliwal Law Group can help you seek parenting time rights and work toward the most favorable outcome of your divorce. Get in touch with us today by calling our office or filling out the contact form on this page.
