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Sibling Rights & Legal Apporach to Enforce?

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  • 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)


    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!


  • #2
    Bump up for this badly needed info

    Comment


    • #3
      You already appear to be taking the correct steps in your application to the court under the FLR.

      Comment


      • #4
        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?

        Comment


        • #5
          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?

          Comment


          • #6
            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.

            Comment


            • #7
              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.

              Comment


              • #8
                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.

                Comment


                • #9
                  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.

                  Comment


                  • #10
                    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?

                    Comment


                    • #11
                      Originally posted by Stacy'sMom View Post
                      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?
                      Kids should be kept out of legal proceedings, especially when the relationship between the parents is high-conflict. This is between adults. Your son has expressed that he wants to see his sister more, and you are taking the appropriate steps by seeking more contact between the kids.

                      Your motives in wanting him to start his own court application may be good, but I can guarantee you that this would be seen as an attempt to drag the kids, as they grow older, into the conflict between their parents. You will be seen as manipulating your son, whether you actually are or not.

                      The other posters may sound harsh, but they're providing you with exactly the same reaction you can expect to get if you were to encourage your son to move ahead with this idea. They're doing you a favour by discouraging you.
                      Last edited by stripes; 05-05-2014, 05:55 PM. Reason: Trying to fix quotes

                      Comment


                      • #12
                        Originally posted by stripes View Post
                        Kids should be kept out of legal proceedings, especially when the relationship between the parents is high-conflict. This is between adults. Your son has expressed that he wants to see his sister more, and you are taking the appropriate steps by seeking more contact between the kids.

                        Your motives in wanting him to start his own court application may be good, but I can guarantee you that this would be seen as an attempt to drag the kids, as they grow older, into the conflict between their parents. You will be seen as manipulating your son, whether you actually are or not.

                        The other posters may sound harsh, but they're providing you with exactly the same reaction you can expect to get if you were to encourage your son to move ahead with this idea. They're doing you a favour by discouraging you.
                        Thank you and I think you're right.

                        I'm sure that many people would see this kind of situation as me trying to bring the kids in to the argument and court battle; but with complete and utter honesty and in all sincerity I'm really just trying to help my kids have their rights and voices recognized in this process.


                        I apologize if anyone took offense to my statements.

                        Comment


                        • #13
                          Originally posted by Stacy'sMom View Post
                          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?
                          Your son should not be dragged into this, especially if you have an on-going motion regarding access (and/or custody) of the child.

                          If you have a motion for parenting time in the mix, a judge would likely toss your sons motion for access because your motion hasn't been ruled on. Once a judge rules on your motion for parenting time, it would likely negate the need for your sons motion by either:

                          a) granting you parenting time with your other child, thus all those things you mention above you can do during your parenting time; or

                          b) should you be denied parenting time for any particular reason, which would only be if it is felt you were a danger to the child, it would have a direct negative impact on your sons application, as you were denied parenting time, but it would be obvious to the courts that your sons motion is a means to circumvent that.

                          Not knowing all the dirty details, and only getting one side of the story, we can't tell how your court battle for custody will go. That you gave up custody for a number of years and had little contact with the child will not help you. Status quo has been established. You will likely get parenting time, so you and your kids can go out and do things together during that time.

                          But your sons motion would likely be seen as a duplication of your motion and be tossed.

                          Comment


                          • #14
                            I'm wondering if this is a case where the OCL would get involved. They are the advocates for the rights of children, they would be able to represent them, without putting the son on the stand.

                            Comment


                            • #15
                              Originally posted by DowntroddenDad View Post
                              I'm wondering if this is a case where the OCL would get involved. They are the advocates for the rights of children, they would be able to represent them, without putting the son on the stand.
                              But which child? The OP's first child, whom isn't a party to this? (nor should they be.) Or the second child?

                              If the OCL were to agree to take this on, they would likely want the OP's case to clear the courts first, as if she is awarded parenting time, their need to intervene become redundant, so why waste the resources?

                              Comment

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