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Old 09-21-2016, 08:59 AM
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Quote:
Originally Posted by Flora13 View Post
So I will start here. My question is do aunts and uncles have any rights? Or more importantly do children have the right to a relationship with extended family? Legally speaking.
Technically, even parents don't have rights when it comes to their children, they only have responsibilities. A custodial parent has some rights, but you are not a custodial parent. The proper test is best interests of the children, and the courts generally hold that it is in the best interests of the children to be with their biological parents.

That said, on the rather arbitrary value scale of family, I would say that uncles and aunts are even lower than grandparents, and grandparents have very few rights when a child is living with a biological parent. You can search for grandchildren on Canlii if interested.

Quote:
We have been essentially blocked from a previously loving relationship. There is a huge issue with alienation of the father and everyone else is collateral damage it seems. Mother has issues.
But she has the kids, and she is the custodial parent. The courts will generally assume that she is acting in their best interests.

Legally, you would have a huge mountain to overcome. Victory might be a 4 hour visit, once per month.

Quote:
We miss these children tremendously. Any advice?
I have advice, you won't like it.

The mother has complete and final say over everything at this point. Only the father has a reasonable chance of pulling anything off. I would say that your odds of winning legally are almost zero. The father needs to fight for the kids, and if he won't fight then I don't see how you can win.

You need to suck up to the mother. Offer to take her and the kids to a nice restaurant, or to Wonderland, or something. Offer to bring them shopping so you can buy them some clothes. Take whatever she gives and be super gracious about it.

In the alternative, give up on the relationship. The mother will likely successfully alienate them from you, and you will likely suffer heartbreak. Love is not an infinite resource, spend it wisely.
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