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Sibling rights!!!?

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  • #1

    Sibling rights!!!?

    Im just wondering if anyone knows the answers to my questions??

    basically my now partner was in court when i met him fighting for contact to see his son from a previous relationship, because of the exs game playing etc my partner decided to walk away and wait till his son is old enough to come find him.. as it was really messing his and his sons head up seeing each other for a few weeks and then not for another couple.. been on and off for about 5 years
    anyway i've since had a baby girl with my partner which would make him a half brother to our daughter, he knows of her but hasnt met her as of yet as his mum has got her knickers in a knot and is very jealous.

    my question is does my daughter and my exs son have any sibling rights (as i would like my daughter to get to know her older brother and have a relationship) and if they do what are the rights and also how do i as a parent exercise those rights????

    any help would be very very grateful
  • #2
    Re: Sibling rights!!!?

    Originally posted by Dollysmummy View Post
    Im just wondering if anyone knows the answers to my questions??

    basically my now partner was in court when i met him fighting for contact to see his son from a previous relationship, because of the exs game playing etc my partner decided to walk away and wait till his son is old enough to come find him.. as it was really messing his and his sons head up seeing each other for a few weeks and then not for another couple.. been on and off for about 5 years
    How old is the ex's son?

    anyway i've since had a baby girl with my partner which would make him a half brother to our daughter, he knows of her but hasnt met her as of yet as his mum has got her knickers in a knot and is very jealous.

    Is there any specific contact order in place(formal one preferred but I am assuming it's informal)?

    my question is does my daughter and my exs son have any sibling rights (as i would like my daughter to get to know her older brother and have a relationship) and if they do what are the rights and also how do i as a parent exercise those rights????

    any help would be very very grateful
    The age of the oldest child is important to be honest....
    "Family means that no one gets forgotten or left behind"
    (quote from David Ogden Stiers)

    Comment

    • #3
      Re: Sibling rights!!!?

      Originally posted by leclerc View Post
      The age of the oldest child is important to be honest....
      The oldest child is 7
      there is no court orders in place the mum is just saying she wont support contact between my child and hers, neither one of us need be involved though as the grandmother and grandfather have contact so they could have both children at the same time

      Comment

      • #4
        Re: Sibling rights!!!?

        That's a difficult one really, because technically the child is not Gillick Competant, ie usually the child would reach an age where their age and reasoning would be more considered. It's a really difficult line to have because they do not live together. I'm not aware that a 7 year old would have rights under the law to see their half sibling who they do not live with. Under a formal contact agreement that may well be different but the mother who is the primary carer for the child would have to have their wishes respected for the time being.....
        "Family means that no one gets forgotten or left behind"
        (quote from David Ogden Stiers)

        Comment

        • #5
          Re: Sibling rights!!!?

          Shame really but thankyou for a very quick answer, dont suppose you would know at what age this would change?

          Comment

          • #6
            Re: Sibling rights!!!?

            Originally posted by Dollysmummy View Post
            Shame really but thankyou for a very quick answer, dont suppose you would know at what age this would change?
            Let me put it this way, whilst the mother is more concerned with this issue then respect her thoughts but when she moves onto something else then maybe contact can be established. There is not really a legal case law I can refer to because of the age of the child. The older he gets the more he may want to have that relationship which means that, in time, it WILL happen whether the ex likes it or not
            "Family means that no one gets forgotten or left behind"
            (quote from David Ogden Stiers)

            Comment

            • #7
              Re: Sibling rights!!!?

              thankyou for your help and advice, very helpful
              • 1 thank

              Comment

              • #8
                Re: Sibling rights!!!?

                Kati, who is a site team member here also has tons of information and advice. I am sure she will have a look at this thread either later on or tomorrow so make sure you have a look at this thread tomorrow as well
                "Family means that no one gets forgotten or left behind"
                (quote from David Ogden Stiers)
                • 1 thank

                Comment

                • #9
                  Re: Sibling rights!!!?

                  Hi Dollysmummy

                  I agree with you absolutely on the importance of the sibling relationship and I think you are right to fight for this. It's something that can't be retrieved once time has passed without any contact.

                  Unfortunately, it doesn't seem to have any particular legal strength per se - however, I would imagine that if you went to court to try to enforce the present contact order - or strengthen it - such an argument would carry weight.

                  You will get good advice here and in the meantime this is interesting on the subject: http://www.divorcesource.com/researc.../97may85.shtml

                  Comment

                  • #10
                    Re: Sibling rights!!!?

                    MissFM the link is for US law which is not applicable in the UK(just a point of order on the link ).
                    "Family means that no one gets forgotten or left behind"
                    (quote from David Ogden Stiers)
                    • 1 thank

                    Comment

                    • #11
                      Re: Sibling rights!!!?

                      Originally posted by leclerc View Post
                      MissFM the link is for US law which is not applicable in the UK(just a point of order on the link ).

                      ooops! sorry x

                      (Still think it may be of interest to the OP, though)

                      Comment

                      • #12
                        Re: Sibling rights!!!?

                        Originally posted by MissFM View Post
                        ooops! sorry x
                        Should have gone to specsavers! :o
                        "Family means that no one gets forgotten or left behind"
                        (quote from David Ogden Stiers)
                        • 1 thank

                        Comment

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