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Where does English law stand for contact/visitation of half siblings?

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  • #16
    Re: Where does English law stand for contact/visitation of half siblings?

    Wow you've done a lot of research into this :nerd: Let us know what your father's solicitor has to say when you see him tomorrow.

    I agree with your view that it almost doesn't matter what the law says the problem is how to make it stick in real life.

    My ex-husband had loads of court orders for access (now contact) but whenever he knocked on the front door to collect our daughter she legged it out the back door because she didn't want to see him. He had me in and out of court every few months and each time the judge simply made a new order which my daughter simply ignored.

    You need to know your legal rights but at the same time you need to work on a strategy to achieve what you want with the children's mother by co-operation. Sometimes you have to bowl overarm and sometimes it's better to bowl underarm to get the right result. You'll get there :grouphug:

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    • #17
      Re: Where does English law stand for contact/visitation of half siblings?

      Sunday girl, in response to yourself. We are in a different situation, 2 girls are going to "forced" adoption and my nephew is in permanent foster care but the local authority are effectively stating they will cut him off from his half sisters when they are adopted which I think is completely and utterly wrong to deny the child the chance to see his half siblings.
      I completely concur with your views on the family courts. We are battling and continue to battle over mistakes in the process which has lead a judge to write in his "final judgement" information that is factually incorrect. We lost our battle but believe me we are at war with everyone who has dared to put inaccurate information about the family.
      Sundaygirl, in most courts that are open, there is a jury who can throw out information based on whether they believe that there are reasonable grounds to suspect that it is false. In the secretive family courts, the judges tend to throw more weight on "expert witnesses" paid to produce reports and many of them owning their own businesses offering to report as expert witnesses. Furthermore, incompetent social workers are allowed to provide their own interpretations on the court system. We have been lied to, we have been stained(and I think you will know what I mean by that) and we have another 13 and a half years left until we can search for the children. The current system is messed up. Slovakia recently nearly took the UK to the European Court of Human Rights over the issue of taking children from their parents. Australia has recently apologised. I hope to be around when the UK apologises for what they have done. It's an emotive subject and one that I am very fiercely against.....
      "Family means that no one gets forgotten or left behind"
      (quote from David Ogden Stiers)

      Comment


      • #18
        Re: Where does English law stand for contact/visitation of half siblings?

        Remember years ago doing adoption of children the court insisted on asking each one if they understood what was going on and if they agree with what was happening, the youngest was about 5 at the time and two others were 7 & 8. but the system to get that far was a long road with sittings in chambers with court staff and the social workers. the children were my partners then. Our own daughter had to leave the room she was the youngest so not involved. social worker had made arrangements for her to wait outside until the others were sent out.

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        • #19
          Re: Where does English law stand for contact/visitation of half siblings?

          Originally posted by sundaygirl View Post
          i'm meeting with the solicitor on Monday.
          sundaygirl

          It's Sunday so I'm hoping you'll come back and tell us what happened when you met with the solicitor this week. Fingers crossed it was good news for you and your siblings :grouphug:

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          • #20
            Re: Where does English law stand for contact/visitation of half siblings?

            The only thing I would add in terms of meeting with a solicitor in family law is that I hope that they are good. Many are legal aid leeches who simply get their money and do a crap job. There are very few out there who deal with legal aid that do a decent job so my fingers and toes are crossed for you
            "Family means that no one gets forgotten or left behind"
            (quote from David Ogden Stiers)

            Comment


            • #21
              Re: Where does English law stand for contact/visitation of half siblings?

              thanks for the support everyone.

              the meeting wasn't great to be honest...the guardian is causing more delays.

              my attempt for contact is kind of a lost cause; solicitor told me that the chances are slim. legal aid has been cut, so it would be pricey to pursue anyway ...

              so... i'm going to try and get contact through the guardian, when he speeds up

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              • #22
                Re: Where does English law stand for contact/visitation of half siblings?

                Originally posted by sundaygirl View Post
                thanks for the support everyone.

                the meeting wasn't great to be honest...the guardian is causing more delays.

                my attempt for contact is kind of a lost cause; solicitor told me that the chances are slim. legal aid has been cut, so it would be pricey to pursue anyway ...

                so... i'm going to try and get contact through the guardian, when he speeds up
                There is a Lucy Reed book: http://www.amazon.co.uk/Family-Court.../dp/0956777406

                i bought a copy for my mother and it appeared to unleash a monster so if you can get hold of the book then please do and it might mean that you would be able to do something yourself via the courts.

                The Guardian is usually an independent social worker so if you have got on well with the social workers in the case then you will be fine. They are allocated cases and are paid on a case by case basis which can sometimes mean that they have multiple cases on the go and could be in court which might slow things up.
                "Family means that no one gets forgotten or left behind"
                (quote from David Ogden Stiers)

                Comment


                • #23
                  Re: Where does English law stand for contact/visitation of half siblings?

                  thanks for the tip, leclerc. i'll check that out.
                  i haven't had any contact with the guardian or social workers. to be honest, they don't really communicate much with me or my dad.

                  Comment


                  • #24
                    Re: Where does English law stand for contact/visitation of half siblings?

                    Originally posted by sundaygirl View Post
                    thanks for the tip, leclerc. i'll check that out.
                    i haven't had any contact with the guardian or social workers. to be honest, they don't really communicate much with me or my dad.

                    As far as I am aware you have a legal right to see your half siblings. You are blood relations and even if the state(SS/Guardian) decide that your father is unable to see them, you have the legal right under the Human Rights Act to family life and the needs of the children are paramount(I would argue that you are a child in relation to this issue).
                    "Family means that no one gets forgotten or left behind"
                    (quote from David Ogden Stiers)

                    Comment


                    • #25
                      Re: Where does English law stand for contact/visitation of half siblings?

                      Originally posted by leclerc View Post
                      There is a Lucy Reed book: http://www.amazon.co.uk/Family-Court.../dp/0956777406

                      i bought a copy for my mother and it appeared to unleash a monster so if you can get hold of the book then please do and it might mean that you would be able to do something yourself via the courts.

                      The Guardian is usually an independent social worker so if you have got on well with the social workers in the case then you will be fine. They are allocated cases and are paid on a case by case basis which can sometimes mean that they have multiple cases on the go and could be in court which might slow things up.
                      No they are not and haven't been for many years - guardians are appointed by the court in public cases and are employed by CAFCASS (England and Wales) on a salary

                      Originally posted by leclerc View Post
                      As far as I am aware you have a legal right to see your half siblings. You are blood relations and even if the state(SS/Guardian) decide that your father is unable to see them, you have the legal right under the Human Rights Act to family life and the needs of the children are paramount(I would argue that you are a child in relation to this issue).
                      There is no right - it is entirely up to whoever has PR. In the case of children being adopted it is highly unlikely that there will be more than letterbox contact and the new legal parents have all the rights, sadly not those left behind. For older children being adopted = open adoptions are becoming more common, but for little ones it is unlikely.
                      Sunda girl what is the background in this case ? How old are the children? What are the circumstancss of mother mving away and denyng father contact?
                      Last edited by Emerald; 28th April 2013, 23:19:PM.

                      Comment


                      • #26
                        Re: Where does English law stand for contact/visitation of half siblings?

                        Originally posted by Emerald View Post
                        No they are not and haven't been for many years - guardians are appointed by the court in public cases and are employed by CAFCASS (England and Wales) on a salary
                        I did my research on the CAFCASS worker sent as the Guardian in my sister's case and I have done on other cases when I have found a name. All of them have down on their LinkedIn profile have stated "independent social worker". they might be employed by CAFCASS but they are generally classed as independent social workers. That is where my conclusion is drawn from.

                        There is no right - it is entirely up to whoever has PR. In the case of children being adopted it is highly unlikely that there will be more than letterbox contact and the new legal parents have all the rights, sadly not those left behind. For older children being adopted = open adoptions are becoming more common, but for little ones it is unlikely.
                        Sunda girl what is the background in this case ? How old are the children? What are the circumstancss of mother mving away and denyng father contact?
                        I think that is one of the issues that Adoption has, that effectively, half siblings are more or less ostracised by the state and that is something that is quite interesting.....
                        "Family means that no one gets forgotten or left behind"
                        (quote from David Ogden Stiers)

                        Comment


                        • #27
                          Re: Where does English law stand for contact/visitation of half siblings?

                          They will call themselves ISW's as a lot of them do private work as well, as do lot of social workers.
                          Google Charles Place - pink space resignation letter/Cafcass.
                          If you cant find it I'll link you to it later.

                          Comment


                          • #28
                            Re: Where does English law stand for contact/visitation of half siblings?

                            Originally posted by Emerald View Post
                            They will call themselves ISW's as a lot of them do private work as well, as do lot of social workers.
                            Google Charles Place - pink space resignation letter/Cafcass.
                            If you cant find it I'll link you to it later.
                            You know I can and here is the link http://pinktape.co.uk/uncategorized/...etter-cafcass/

                            EDIT: I know the author of this blog is Lucy Reed, is that right?
                            Last edited by leclerc; 29th April 2013, 14:33:PM.
                            "Family means that no one gets forgotten or left behind"
                            (quote from David Ogden Stiers)

                            Comment


                            • #29
                              Re: Where does English law stand for contact/visitation of half siblings?

                              I wanted to add that I have absolutely no faith in CAFCASS or the people that are sent round to do assessments(but you know of my bias towards the court process in family law).
                              "Family means that no one gets forgotten or left behind"
                              (quote from David Ogden Stiers)

                              Comment


                              • #30
                                Re: Where does English law stand for contact/visitation of half siblings?

                                thanks for your replies leclerc and emerald

                                emerald is correct:
                                - in my opinion, guardians should be impartial,as they represent the children (who should be acknowledged as a separate party).
                                - the human rights act (section 8 - it's in my earlier posts) may state a privilege for seeing ones family but this is never enforced - my siblings, my father, my extended family and myself are being denied. (the practical example of adoption highlights this).
                                their mother has gotten away with child abduction, perjury (the judge has acknowledged that she has lied in his judgement of the finding of the fact case) and has broken court orders. the human rights act doesn't seem to be on the judges agenda.

                                the details of the case can be found in my first 2 posts.

                                thanks again for your contributions.

                                Comment

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