When parents separate or divorce, it is essential to ensure that the child's best interests remain the central focus of all decisions made. Ideally, both parents should continue to play an active role in their children's lives, even if they no longer live together.

Therefore, it is very important that there is a parenting plan for unmarried parents or a settlement agreement for divorced parents in place that specifies who has the primary care and what specific rights the other parent has and the visitation arrangements thereto. 

What Does 'Refusal of Access' Mean?

In the context, refusal of access refers to a situation where one parent prevents the other parent from exercising their legal right to spend time with or care for their children, as stipulated in a parenting plan or court order. This could include:

1. Preventing visitation: A parent might outright deny access on scheduled dates or times, refusing to allow the other parent to see the child.
2. Alienation: A parent may attempt to undermine the relationship between the child and the other parent by speaking negatively about them or actively discouraging contact.
3. Unilateral decisions: One parent may make decisions about the child’s life—such as changing schools or moving—without consulting or informing the other parent, especially when such decisions would affect the terms of access.

What can I do if the other person refuses access?

You can approach the Family Court / Children’s court and apply for the following:

1. Enforcing the court order: The court can issue an order compelling the parent who is denying access to allow the other parent to exercise their visitation rights.
2. Contempt of court proceedings: The aggrieved parent can apply to have the other parent held in contempt of court. This may lead to penalties such as fines or even imprisonment. In other words, they will be criminally charged.
3. Changes to Custody Arrangements: In cases of persistent refusal of access, particularly where one parent is actively trying to alienate the child from the other, the court may reassess the agreement. If the court believes that the child’s best interests are being compromised, it may decide to change the primary care arrangement, transferring primary care from one parent to the other.

If you are facing refusal of access to your children, there are several steps you can take to protect your rights such as:

Document every instance when access is denied, including dates, times, and any communications with the other parent. Consult an attorney to understand your options and the best course of action. If you have a court order or parenting plan, an attorney can help you enforce it through the legal system, and act promptly. Delaying action when access is refused could be detrimental to your relationship with the child. The longer you wait, the more difficult it may be to restore the bond.