where joint custody has been awarded by a court, although no legal separation or divorce has taken place what are the access rights of the father where the mother is the primary carer?
Has the father the right to force a child to go with him?
1. The father has in law a right to "reasonable access" at what times and places as are suitable. This usually is defined in law to mean that the father shall have four hours access on a Saturday when he is not working, with one other contact period to be agreed on another day during the week. Very often this means a Sunday evening. HOwever, it is usually hoped the parties will agree this. Secondly, if there is a difficulty that a child does not wish to go with the father, there would have to be psychological evidence on this point if a father wishes to "force" a child to go with him. Courts do not get into "forcing" a child to go with a father.
2. If you have a difficulty that one child will not do with you on access days, then a court will usually want psychological evidence as to what is the matter. The child will have to be examined to see what the problem is.
Barrister 17 years experience
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