How to refuse a right of access?
The right of access corresponds to period during which the child passes of time with the parent with whom he does not reside. The child is then accommodated in the residence of the relative in question.
The attribution of the rights of access
During the separation, the right of visit can be agreed amicably between the two parents. The Family Affairs judge certifies or not this agreement if he thinks that it does not put the ease of the child in danger.
In case of disagreement between the parents, is the same judge who will fix the rights of access. The conventional terms of access are a weekend on two and half of the school holidays.
To dispute rights of access
During the separation, and in some cases, access may be denied for reasons of abuse, alcohol abuse, impossibility to receive the child, serious illness, etc. Therefore, a social survey can be requested by the judge and a medical and psychological examination.
In some cases, the child can be heard. The judge will determine or not the interest and the need for the rights of access.
When the judgment was made, challenging the right of access is a little more complicated. Indeed, this right may be refused only for serious reasons, involving the welfare of the child. They must be determined by the judge for Family Affairs.