Child visitation

The right of access belongs to the child, not the parent. A parent may apply for access and after consideration of the child's best interests the court may award the access. However, because the determination of access requires a full inquiry into the child's circumstances it is procedurally correct to commence the matter in the jurisdiction of where the child resides. The evidence pertaining to the child's needs is in the jurisdiction of where the child lives. The access parent has the onus of persuading the court that he/she is able to meet those needs by having the access requested. If you start the process where the father lives the court would likely direct you to seek legal representation because it would not be the proper way of proceeding. You must start any process concerning custody or access in the jurisdiction where the child lives.