Is access ordered by a judge?

It is preferable that parents agree about what access the parent without custody will have. This allows flexibility and can benefit both parents and children. An agreement can be put in writing and form part of the divorce order. Such an agreement is called a Parenting Plan and sets out as much as possible the joint arrangements that the parents can make for their children and how they are going to conduct their communications. If the parents cannot agree, then a judge can order access.

In considering access, the law states that the child should have as much contact with each parent as is consistent with the best interests of the child.

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