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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?
Already Tried: 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.
Experience: Barrister 17 years experience