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Report No. 257

IX. Visitation

(1) An order made by the court regarding visitation must ensure that-

a. a child has frequent and continuing contact with both parents, when appropriate, and also with extended family and friends; and

b. both parents have equal opportunities to spend quality time with the child, including during holidays and vacations.

(2) For the purpose of determining visitation rights and times, the court may take the following factors into consideration, namely:-

a. the age of the child;

b. the distance between the parental homes;

c. any holidays, including weekends, festivals and religious occasions, as well as longer school vacations; and

d. any other commitments of the parents, which might affect their ability to spend quality time with their child.

(3) The court may decide the time, manner and place to exercise visitation rights, and may take into consideration any visitation rights plan that has been submitted to the court by the parents.

(4) A court may limit, suspend, or otherwise restrict, the visitation rights granted to a parent, if the court has reasonable basis to believe that circumstances make such restriction necessary for the welfare of the child, or if there is serious or repeated breach by a parent of any duties imposed by the court in this regard."

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