Access in Legal Term

„Under the Divorce Act. An accessing parent has the right to investigate and obtain information about the health, education and well-being of the child, unless a court has ordered otherwise. „Access is the ability to approach and communicate between a parent and the child, usually under unrestricted circumstances and conditions. The duration of access is determined either by the parties or, where appropriate, by a court. Like custody, it is generally unconditional, but in some circumstances, the courts or parties deem it appropriate to impose certain restrictive conditions of access in order to try to make the relationship between the parent and the child meaningful. Access is often juxtaposed with custody. After separation, parents often decide that the child lives mainly with one and sometimes receives visits with the other. Also known as custody and access. (1) a trail or road with a specific description (e.g., „20-foot wide right of access and exit along the north line of Lot 7 of the Cobb Subdivision on page 75 of the maps”). 2) the right to cross the property to come and go from another package.

The right of way can be a specific land grant or an „easement”,which is a right to pass over someone else`s land. The simple right to cross without a particular description is a „floating” easement. Some rights of way are intended for limited use, such as repairing power lines or for deliveries to the back door of a store. Railways have a right of way on which permanent tracks can be built. (3) In the Highway Code, a driver is entitled to „right-of-way” to drive first in front of other vehicles or pedestrians, depending on certain rules of the road, such as.dem first to reach an intersection. Failure to give the right of way to the vehicle or the person entitled to it can result in a mention and a fine, not to mention an accident. It can also be evidence of negligence in a lawsuit for injuries sustained in an accident. „Access can therefore be considered a form of temporary possession, with the powers conferred by an access order limited to those necessary to ensure the well-being of the child during visiting hours. Access does not give the parent the right to influence the child`s upbringing – this is for the custodial or guardianship parent. „Unlike custody, there is little case law or doctrine on the nature of access rights, probably because access has never been understood as conferring rights on non-custodial parents other than those set out in court orders.

However, the fundamental principle that has always been recognized by the courts is that access rights are limited in scope and depend on and are governed by the best interests of the child. „Therefore, the role of the access parent is that of a very interested observer who gives love and support to the child in the background.” „Access is an issue that can only be resolved once the custody issue has been resolved. This means access to children who are in the care of another person. Detainees have the right to have access to the court. Prison officials cannot prevent prisoners from filing documents or appearing in court, even if they honestly believe that such prevention would help them maintain discipline and good order. Owners have the right to access their property via a road or highway. They do not necessarily have to own a corridor of land between their property and the next road, but they can claim an access easement. In a paternity trial, access means the possibility of having had sexual relations.

If there is a question about who is the father of a particular child, it is appropriate for a court to determine which man had access to the mother at the estimated time of conception. A man accused of being the father of an illegitimate child can invoke the defense of multiple access – that the mother had several lovers at the time of conception. In some jurisdictions, a parent`s access rights are also known as access rights. ACCESS, people. The approach or means or power of the rapprochement. Sometimes access is understood to mean sexual intercourse; At other times, the ability to communicate with each other, so that sexual intercourse may have taken place, is also known as access. 1 revolution. & R. 141. 2. In this sense, a man who can easily be in the company of his wife should have access to her; and in this case, it is assumed that their problem is his.

But this hypothesis can be refuted by positive evidence that no sexual intercourse took place. Book 3. Parents are not allowed to prove non-access in order to smear the woman`s issue; In addition, their statements are not accepted after their death to prove lack of access with similar intent. 1 P. A. Fr. R. App.

xlviii.; Representative tem. Hard. 79; Bull. N. p. 113; Cowp. R. 592; 8 East, R. 203; 11 East, R. 133. 2 Munf.

R. 242; 3 Munf. R. 599; 7 N. p. 553; 4 Hayw R. 221, 3 Falken, R 623 1 Ashm. R. 269; 6 bins. R. 283; 3 Paiges R.

129; 7 N. p. 548 See shelf. March and Div. 711; and paternity. In real estate law, the term access refers to the right of the owner of the land adjacent to a road or other highway to return to the highway from his own land without hindrance. Access to property does not necessarily imply possession. In a 1915 decision that still seems to be true in part, Justice Middleton of the Supreme Court of Ontario (Re M) wrote about a custodial parent who insisted that the non-custodial father exercised access to the child in the presence and residence of the ex-mother-in-law (a condition that Justice Middleton ultimately tolerated!): „Access”. means access to children who are in the care of another person. Custody is a much bigger and more important thing than access. n. 1) in real estate, the right and ability to enter the property.

2) When a husband has the opportunity to make love to his wife, he is said to have access to it. This rather vulgar use of „access” was important because if a husband had „access” to his wife during the period she became pregnant, it is assumed that he is the father. Modern use of blood tests and DNA studies can show that the father is someone other than the husband, whether the husband „had access” or not. (See: Result, Paternity Trial, DNA) „Just as the custodial parent should have the opportunity to educate the child or children as he or she deems appropriate, the parent with access should have the unfettered opportunity to enjoy and communicate with the child or children. The main reason for these extensive rights and powers is that custody and access rights do not essentially belong to the parents but to the children, since in all cases the well-being of the children is paramount and it is in their interest that custody and access decisions are made by the parents or the courts. `1. The time a person is allowed to enter a security point. This is also known as system access. 2.

The power to access restricted documents. „Unless the court decides otherwise, the spouse who has access to a child of marriage has the right to investigate and obtain information about the health, education and well-being of the child.” For the purposes of the establishment of the access element by the defendant in a copyright infringement action, access is generally defined as a possibility of copying. In Young v. Young, l`Heureux-Dubé J. of Canada`s highest court, attempted to reconcile the two interpretations by adopting the following words: This reflects an earlier English decision, Evershed v. Evershed, in which Justice Kay wrote: This restrictive judicial interpretation has been replaced by legislation such as the Divorce Act, which states in subsection 16(5): freedom of approach or communication; or the means, power or opportunity to approach, communicate or come and go from them. Sometimes you import the appearance of sexual intercourse; otherwise as a possibility of importing communication for this purpose between husband and wife. „Custody access is a limited right that allows the non-custodial parent to come into contact with his or her child and to maintain, if not maintain, a relationship with the child.