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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 05-04-2014, 04:06 PM
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Question Sibling Rights & Legal Apporach to Enforce?

My son (13 yrs) has not been able to spend time, see, communicate or otherwise maintain the relationship he has with his sister (8 yrs) because of my X's unfounded refusal for any access between our daughter and any member of my family, since the end of February 2014... (that's 2 1/2 months at this point)


Quote:
Originally Posted by a bit of BACKGROUND
I am fighting my X for Custody and Access of our daughter through a "Change of Motion" currently before the courts wherein our previous Order states Joint Custody, residence with him (which was a change from our original Order in 2009 where I had primary rez; I signed residence over to him in 2010 under the agreement rez would be back with me in 2012 after I finished a 2 year course out of town- this reinstating of primary rez has not happened to this day..), Free and Liberal Access as Agreed Upon By the Parties, communication by phone, mail, etc and the right to inquire about school, medical, etc...

The battle between my X and I has gotten very ugly and messy, and as such is something which will take a great amount of time to deal with and will likely end in a full out trial in order to be determined in full...
Repeated Police involvement, false allegations made to CAS (proven false after investigations were done), lies in the court docs, complete refusal of access with the child, complete refusal of communication with the child, removal of the child when access was requested and attempted, a Peace Bond set against me by the new GF in an effort to bring criminal type leverage to his case and to keep me legally bound from accessing my child, etc...
^This nightmare^ is mine, and I am fairing it as best I can; but the relationship between my 2 children has also been affected and refused by my X; to such a point that I am at a loss as to how to make sure my children have the support of one and other through this very difficult time for our family.


I don't think it's fair that the children should suffer while we parents go to war.
After 8 years of separation I don't believe that war is the right way to go; but as I'm sure many of you have realized in your own process, when someone insists on war you have to step up to the challenge whether it's something you want/believe in or not.

I've been searching online for approximately 4 weeks to find out what legal devices can be used to ensure my children have their time together, outside of the parental battle which has started.

I've found a great many laws for siblings who have been placed in foster care and/or adopted into new families; but I've found nothing for biological siblings who remain in the custody of their biological parents.

  1. What legal rights do biological siblings have to their relationship together?
  2. What kind of legal procedures can be implemented to ensure these rights?
  3. Can a minor child (13 years old) start a 35:1 Application for Access to his younger sibling?
  4. Are there any additional methods for enforcement and/or application of sibling rights?

Any help, advice, resources, etc would be greatly appreciated here

On behalf of my son and my daughter, I thank you!

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Old 05-05-2014, 02:51 PM
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Bump up for this badly needed info
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Old 05-05-2014, 03:13 PM
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You already appear to be taking the correct steps in your application to the court under the FLR.
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Old 05-05-2014, 03:14 PM
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Quote:
Originally Posted by FB_ View Post
You already appear to be taking the correct steps in your application to the court under the FLR.
Yes but that's my case.

Can my son start his own?
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Old 05-05-2014, 03:36 PM
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Quote:
Originally Posted by Stacy'sMom View Post
Yes but that's my case.

Can my son start his own?
He's a minor is he not?

Even if he could why do you think it would go faster than yours?
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Old 05-05-2014, 03:56 PM
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Quote:
Originally Posted by FB_ View Post
He's a minor is he not?

Even if he could why do you think it would go faster than yours?
He is, and my hope would be that his Xstepfather would accept the application and go forward with it on consent; thus it would be done much quicker the mess we, the parents, have between us.
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Old 05-05-2014, 04:00 PM
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Quote:
Originally Posted by FB_ View Post
He's a minor is he not?

Even if he could why do you think it would go faster than yours?
and why drag a child into an adult issue.
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Old 05-05-2014, 04:10 PM
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Quote:
Originally Posted by standing on the sidelines View Post
and why drag a child into an adult issue.
The Court recognizes the issue for children in the system; but apparently biosiblings haven't been given their right to fight yet.

Adoptive children have sibling rights and can use the courts to enforce their rights; but kids living with their bioparents just have to suffer until mom and step/dad battle it out.
IMO my kids situation is no different then kids being split into different foster homes. The kids have a right to their love and relationship and no adult or other party should ever be able to interfere with that.
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Old 05-05-2014, 04:40 PM
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Quote:
Originally Posted by Stacy'sMom View Post
The Court recognizes the issue for children in the system; but apparently biosiblings haven't been given their right to fight yet.

Adoptive children have sibling rights and can use the courts to enforce their rights; but kids living with their bioparents just have to suffer until mom and step/dad battle it out.
IMO my kids situation is no different then kids being split into different foster homes. The kids have a right to their love and relationship and no adult or other party should ever be able to interfere with that.
Yes but there is still a court process... we are not talking about foster/adoptive children, we are talking about a child you want to try and pin against his step father. Why do you think you need an application? If you think he will fold at your son's application. why not just get your son to ask him? Seems like you are trying to use your son to get your daughter to your house, and I don't think your ex is falling for it. Why not offer that your ex take his step son for a few hours so the kids can see each other?

What your ex is doing is not right by withholding access, but don't get the children involved in it.
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Old 05-05-2014, 05:27 PM
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Quote:
Originally Posted by Berner_Faith View Post
Yes but there is still a court process... we are not talking about foster/adoptive children, we are talking about a child you want to try and pin against his step father. Why do you think you need an application? If you think he will fold at your son's application. why not just get your son to ask him? Seems like you are trying to use your son to get your daughter to your house, and I don't think your ex is falling for it. Why not offer that your ex take his step son for a few hours so the kids can see each other?

What your ex is doing is not right by withholding access, but don't get the children involved in it.
WW!

You people just boggle my mind. Are you suspicious of everyone? Think anything and everything is some kind of back handed attack or injustice?

Not you directly BF; but I'm seeing this kind of attitude a lot here...


My concern is for my children, their relationship and this is something my son asked to find out for him; so hat he can apply to see his sister to be able to have her at his events for school, cadets, track meets, wrestling, etc and because he wants to take her for icecream and simple stuff like that. The things big brothers often do with their little sisters.

I'm sure it is more about him wanting to some sense normality back in his life because things have become so unstable and scary lately, and while is mad at my X I told him he's not allowed to vent that anger through the court cases or any kind of physical means should they ever cross paths...

He's a big brother. He worries about his little sister and wants to be there for her. Should he not be able to do those things because my X is being a jerk?
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