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Access in relation to Covid-19

  • 22-12-2021 11:01pm
    #1
    Registered Users, Registered Users 2 Posts: 225 ✭✭


    What medical grounds are acceptable for refusing scheduled, court appointed access? In the context of Covid, if a child is self-isolating but is showing no symptoms (whether testing positive or not), is in good health etc, can the isolation period be used as reason to refuse court appointed access?

    According to the Law Society, Covid-19 cannot be used as an excuse to ignore a court order.

    If there is a letter of recommendation from a GP, can this be used to legally refuse access to a guardian?

    Thanks



Comments

  • Registered Users, Registered Users 2 Posts: 309 ✭✭ubs69


    I think you have to suck it up ,, don't go back to court with that story , she will say the child is not well, you will be slated for making the child go to you . I'm still trying to enforce my access since start of covid ,



  • Registered Users, Registered Users 2 Posts: 1,711 ✭✭✭Lenar3556


    While it depends on the specific provisions of the access order, it is unlikely that COVID or other sickness is something that would expressly restrict access.

    However, I would suggest approaching this with some sensitivity. Perhaps alternative access could be arranged in lieu of this exceptional circumstance? That would appear reasonable in the circumstance you describe.

    If in fact COVID is being used as a rouge to interfere with court ordered access, then it may ultimately be necessary to renter the matter before the court.

    Suggest discussing with your solicitor if it becomes a pattern.



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