According to s. 16(1) and (4) of the ''[[Divorce Act]]'' any person or persons can be granted custody of or access to a child. Where that person is not a spouse, he or she must apply to the court under s. 16(3) for permission to apply for a custody or access order. The court <span class="noglossary">will </span> grant custody and access to people other than parents and stepparents in the right circumstances.