Frustration of Access: How can We Prevent It?

Following the breakdown of a marriage or relationship, the right of a child to visit the non-custodial parent is governed in Ireland by the Guardianship of Infants Act, 1964. This statute permits the court to make an order for access so that the non-custodial parent (usually the father) is given permission to visit the child on specific dates and times. In some instances, the custodial parent may attempt to frustrate access, either by not facilitating the visit by making the child unavailable at the agreed times, or by making false or malicious allegations against the other parent in an attempt to deny access to the child. This chapter explores the problem of frustration of access. It discusses the results of an interview based study undertaken by the author using qualitative research principles whereby the interviewees, being legal practitioners; separated, divorced and unmarried fathers and mothers were asked their opinion on this issue. It in particular, focuses on the impact of frustration of access on the non-custodial parent. This chapter concludes by examining the sanctions available where frustration of access occurs, and, in particular, will consider the feasibility of enforcement remedies available in both New Zealand and Australia. Both jurisdictions encourage a more sociological approach to sanctions as they promote the provision of counseling and compensatory time to the non custodial parent, instead of a more legalistic approach adopted in Ireland which is to re-enter the order before the Court.