Once the Court makes an order dictating with whom a child will live, it will usually state that the other parent has the right to access/visit the child. In addressing the right of the non-residential parent to access/visit the child, the court order may detail the terms of access such as when, and how often access/visitation is to be granted.  Below we consider supervised vs unsupervised access. We then go on to highlight changing the terms of a custody order, and when a parent can apply for a custody court order.

Access: supervised vs. unsupervised

It is not uncommon for a residential parent to desire that the other parent have supervised access. The reasons for this desire/request are varied and often include allegations of over exposure, introduction to the use of illegal drugs, or other unwholesome substances such as alcohol, sexual impropriety, indecent exposure, and violence. These are all serious allegations, and the parent making the allegations must be prepared to substantiate the allegations.

Some parents go as far as to request that any member of the other parent’s family be supervised. This request must be justified. The general view, is that it is in a child’s best interest to be raised knowing both parents’ family. Building a relationship, no doubt will require spending time with the members of the other parent’s family.

Parents have also requested that certain conditions be met before unsupervised access be granted. These requests include parenting classes, and counselling. To determine whether supervised visits are in fact needed the Court may request an official assessment of the social environment of both parents. Based on the assessment and the circumstances as a whole, the Court will decide whether unsupervised access would be detrimental to the child.

The other parent lives overseas

When the non -residential parent lives overseas, the Court will consider matters such as the existing relationship with the parent overseas, and the age of the child. Where a relationship does not exist with the parent overseas, and the child is young, the Court may decide that residential access outside of Jamaica may not currently be ideal. An order may also be made identifying a specific age at which overseas access should be granted. The idea is that the parent located overseas would have used the time in between to develop a relationship with the child.

Changing the custody arrangement

Where the existing custody arrangement was established by a court order, each parent is permitted to approach the Court for the terms to be changed. There is no limit on the extent of the change that can be requested. Perhaps a parent would like to have sole custody instead of the existing joint custody, or would like to increase the frequency with which residential access is granted. Whatever the desired change is, the parent requesting a change of the terms should be prepared to explain why it is in the child’s best interest for there to be a change. The other parent is entitled to oppose any change to the custody order.

When to approach the Court for a custody order

There is no time limit for when parents may seek to formalize custody arrangements by obtaining a court order. The court will consider the existing arrangement, and whether it is in fact an arrangement that is in the child’s best interest. If the parent seeking to formalize the custody arrangement is also seeking to change the existing arrangement, the request for the change will need to be justified where there is no obvious issue with the existing arrangement.

Parents may even apply if the child lives overseas, even if with the other parent.

We have come to the end of our custody series and will end it with a quote from one of judges:

“Parents are not perfect and the court is not looking for a home of perfection. The court is being asked to look into the future and make a decision about the advancement of the present and future welfare of the child. In a sense this is an impossible task because no one knows the future. The role of the court is therefore making a judgment call based on the available evidence bearing in mind that that judgment call may well turn out to be incorrect.”

Until next time, stay safe.

Disclaimer by the author: Nothing in this article is to be taken as legal advice. You should consult an attorney regarding your specific case. All liability with respect to actions taken or not taken based on the contents of this article are hereby expressly disclaimed.