I require reasonable contact with my minor child. I want to approach the High Court. Please provide an example of an Application.
If you are seeking contact with your child, you may approach the High Court for assistance, the process can vary slightly depending on the High Court or province. However, the general principles remain the same. Here are general steps that you may consider taking, but keep in mind that it’s important to consult with a family law attorney or advocate in your specific location to get accurate and tailored advice:
Consult with an Attorney or Advocate:
- Before taking any legal action, it’s advisable to consult with a family law attorney or Advocate. They can provide guidance on the specific laws and help you understand your rights and options.
Mediation or Alternative Dispute Resolution:
- In some jurisdictions, before going to court, parties may be required to attempt mediation or alternative dispute resolution methods to reach an agreement outside of court. This can be a less adversarial and more cooperative approach.
File an Application:
- If informal negotiations or mediation do not lead to an agreement, you may need to file a formal application with the High Court. This document will outline your request for access or visitation rights.
Serve Legal Documents:
- After filing the Application, you will need to ensure that the other parent is served with legal documents notifying them of the court proceedings. This is typically done by a Sheriff of the High Court.
Attend Court Hearings:
- There will likely be court hearings where both parties present their cases. It’s crucial to attend these hearings and be prepared to provide evidence supporting your request for access to your child.
- If the court determines that it is in the best interests of the child for you to have access, they may issue a court order outlining the terms of visitation or access rights.
Follow Court Orders:
- Once a court order is in place, it’s important to comply with its terms. Failure to adhere to court orders can have legal consequences.
The Children’s Court
- Please note that you may also approach the Children’s Court for assistance. Their process is different from that of the High Court.
Should you require assistance with a child custody dispute, whether you are the mother or the father, feel free to contact us.
Below is an example of a High Court Application.