Visitation, Accompaniment & Visiting Rights in Jordan – Child Access Rights After Divorce

After divorce, the right of the non-custodial parent to see and communicate with their children remains one of the most important rights guaranteed by Jordanian law, preserving the family bond and protecting the psychological interest of the children. The law distinguishes between three forms of this right: visitation, accompaniment, and visiting.

In this article, we explain these rights and how to organize and claim them.

What Is the Difference Between Visitation, Accompaniment, and Visiting?

Jordanian law distinguishes between three forms of the child access right:

• Visitation: The non-custodial parent meeting their children at a specific place and time determined by the court, without taking them outside the meeting place.
• Accompaniment: Taking the children for a specific period of time (a full day, for example) and then returning them to the custodian.
• Visiting (overnight): The children visiting the non-custodial parent and staying overnight for a certain period, which is the broadest of these rights.

Who Has the Right to Visitation?

The right of visitation and accompaniment is not limited to the non-custodial father or mother, but in many cases extends to grandparents, protecting kinship ties and preserving the relationship between children and their extended family.

How Does the Court Organize the Visitation Right?

When a visitation claim is filed, the court takes several factors into account:

• The children's age and needs.
• The distance between the residences of the two parties.
• The circumstances of both the custodian and the other party.
• The best interest of the children above all.

The court determines the place, time, and duration of the meeting, which may be at a specialized center or a neutral place.

Procedures for Filing a Visitation Claim

1. 1Filing the statement of claim before the competent Sharia Court.
2. 2Notifying the custodial party of the hearing date.
3. 3Holding hearings and listening to both parties.
4. 4Issuing the ruling organizing the visitation, accompaniment, or visiting right.

When Refusing to Implement the Visitation Right

If the custodial party refuses to enable the other party to see the children despite the issuance of a ruling, one can resort to the enforcement department to compel the refusing party to implement the ruling. Here the importance of having a specialized lawyer who follows up on enforcement procedures becomes clear.

Practical Tips

• Adhere to the visitation times specified in the ruling.
• Document any refusal or violation by the other party.
• Place your children's psychological interest above any dispute with the other party.
• Consult a lawyer when facing any obstacle in implementing your right.

Why Do You Need a Specialized Sharia Lawyer?

A specialized Sharia lawyer helps you:

• Prepare a precise visitation claim that takes your circumstances into account.
• Claim the appropriate right (visitation, accompaniment, or visiting).
• Follow up implementation of the ruling when the other party refuses.
• Protect your relationship and bond with your children.

Conclusion

The right of visitation, accompaniment, and visiting is a fundamental right that protects the parent's relationship with their children after divorce. Having an experienced Sharia lawyer by your side ensures you obtain and implement this right correctly.

The Law Office of Sharia Lawyer Ahmad Aljarrah provides consultation and full representation in visitation and child custody cases in Amman, Irbid, and Zarqa.