FAQs - Child Custody and Access

There are four types of custody orders: temporary, sole, joint, and shared custody.

Custodial parents have no right to deny or limit the rights of an access parent. But you may take steps with the Family Responsibilities Office (FRO) to enforce the child support order.

Of course. Other family members may be granted access to your child if they can show to the court that they have an existing close relationship with the child and that ending the relationship will have a negative impact on him or her.

An order is said to be ex parte when it is granted by a judge at the request of and for the benefit of one party only, without notice to or contestation by the other party. Therefore, only one party appears before the judge and gives his or her version of the facts even though a judge is normally required to hear from all of the parties. Typically, ex parte orders are granted for temporary/interim custody or in extreme cases where an order needs to be made right away for the safety and protection of the child, i.e. if there is a risk of abduction or possibility of abuse.

It might also be beneficial to work out an arrangement with your former spouse/partner beforehand to present to the court. This can have the effect of reducing the time that you will need to spend in court as well as the cost. If that proves to be impossible then you should gather evidence showing that granting custody to you and access to your former spouse/partner (or vice versa) would be in the best interests of the child.

The best interests of the child is the only factor that judges have to consider when making any decision relating to custody of or access to a child.

The Office of the Children’s Lawyer (OCL) is a law office in the Ministry of the Attorney General which provides legal services and representation to children under the age of 18 with respect to their property and personal rights.

You can apply to the appropriate court for a variation. However, in order to vary an existing custody or access order you must have a good and legitimate reason. You need to show the court that there has been a material change in your circumstances, condition, needs and means that warrants a variation. In other words, your situation has greatly changed to the extent that the order needs to be varied in order to be complied with.