You can agree access arrangements for a child. If you cannot agree, you can ask a judge in court to make a decision about access arrangements.
Access by agreement
Where the parties agree, it is possible to put shared access arrangements in place for the child. You can reach agreement about access arrangements together yourselves, or with the help of a mediator or a solicitor. Your agreement may include cooperation on practical day-to-day and special arrangements such as:
- meeting the child in person on agreed days and times
- meeting the child in person for a social event or special event, like a birthday
- communicating by phone or other electronic means
- having the child stay overnight either occasionally, on alternate weekends or during school holidays
- going on holidays with the child
You might want to ask a judge to make your agreement a Rule of Court. This means that it is treated the same as a court order and can be legally enforced like one. Applying to make your agreement a rule of court is the same as applying to the court for an access order. Visit our "How to Apply" section below for more information.
Access decided by the court
If you cannot reach agreement, you can apply to the court for access. Below are examples of people who can apply to court. You may find yourself in an exact or similar situation. This is not an exhaustive list.
Most court applications are made to the District Court. They can also be made to the Circuit Court, often as part of an application for judicial separation or divorce.
You might want to get legal advice to better understand your particular situation.
Parents disagree on access arrangements
Where the parents cannot agree, the non-resident parent or guardian can apply to the court for an Access Order. This is an order by a judge setting out how access will happen. The judge may consider the child's views if the child's age and level of understanding are considered appropriate.
Relatives of the child
Brothers, sisters, aunts, uncles, and grandparents can apply to the court for access. This includes those related to the child by adoption. This also applies to access to a child who may be in State care.
Guardians
Any person who is currently a guardian, including a temporary guardian, who does not have access may apply to the court.
Other adults
Any other adult who the child lives with, or lived with previously, can apply to the court for access. In deciding whether to grant access, the judge will consider:
- The applicants connection with the child
- Any risk of disruption to the child's life or if they might be harmed by the access
- the wishes of the child's guardians
- the views of the child
- whether it is necessary to make an order to facilitate the access of the person to the child
Check if you can apply
If you would like to check whether you are eligible to apply for access, you can use our quick 'Eligibility Checker' tool below.
Check if you can apply for Access
By answering a series of simple questions, you will be able to check if you are eligible to apply for access. Outcomes are based on your answers, but situations can be complex and you might want to get legal advice to better understand your options
No data is being recorded or sent during the process.