Access is very rarely refused. Exceptionally, supervised access may be required as a condition, particularly where there is a suspicion of abuse.<\/p>\n
Access has been granted notwithstanding evidence that the children were afraid of the father and did not know him.<\/p>\n
Access may be subject to conditions. In older cases, access may be conditional on the parent who seeks access not having a new partner present. This reflected a view of moral welfare that is probably somewhat outdated and is less of a consideration.<\/p>\n
The access order condition should not be overly prescriptive. It should not seek to appease the other parent’s concerns and needs unless they are objectively demonstrable.<\/p>\n
Access may be refused in highly exceptional circumstances. This is where the relationship is extremely poor and a parent has absented themselves for a prolonged period.<\/p>\n
In divorce cases, access issues may be sent to the District Court to be determined.<\/p>\n
41.\u2014Where the court makes an order for the grant of a decree of divorce, it may declare either of the spouses concerned to be unfit to have custody of any dependent member of the family who is a minor and, if it does so and the spouse to whom the declaration relates is a parent of any dependent member of the family who is a minor, that spouse shall not, on the death of the other spouse, be entitled as of right to the custody of that minor.<\/p>\n
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Custody & Access On granting a final order of judicial separation or divorce, the court may make orders in relation to custody and access in respect of dependent members of the family, children in particular. They may deal with issues, aspects or matters dealing with the welfare, custody of or access to the child. Custody […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[88,102],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/11557"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=11557"}],"version-history":[{"count":13,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/11557\/revisions"}],"predecessor-version":[{"id":32999,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/11557\/revisions\/32999"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=11557"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=11557"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=11557"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}