Older Adult sibling gaining access to younger siblings
Discussion
So my eldest will be 18 early next year and therefore finally in the eyes of the law an adult. She has two younger half siblings which she has barely seen since they were born some 9 & 10 years ago due to her father being an ar$e, or rather not so much him but his new partner and therefore these children's mother.
We/she will be making an application for access with the Family Courts but have no idea what this entails. Do we need to use a solicitor or is this something she can do without one? Being 18 and still in education she cannot afford a solicitor and to be honest neither can I, but I'll help her as much as I can.
What is the process and is there likely to be any grounds she might get for refusal? She's happy with contact in an access center is needs must but she's not some druggie but has had some on going mental health issues caused by her father's emotional abuse so is concerned a Judge might deem her a risk to the kids which she is not. She just longs to see her siblings and build a relationship with them and we know from the very little we have seen of them they want a relationship with her. She last saw them over a year ago and averages contact once a year at present for only a few hours, but due to her currently effectively being a child she cannot push her father for more when he refuses just to be nasty.
I don't get why/how a parent can do that to their children
We/she will be making an application for access with the Family Courts but have no idea what this entails. Do we need to use a solicitor or is this something she can do without one? Being 18 and still in education she cannot afford a solicitor and to be honest neither can I, but I'll help her as much as I can.
What is the process and is there likely to be any grounds she might get for refusal? She's happy with contact in an access center is needs must but she's not some druggie but has had some on going mental health issues caused by her father's emotional abuse so is concerned a Judge might deem her a risk to the kids which she is not. She just longs to see her siblings and build a relationship with them and we know from the very little we have seen of them they want a relationship with her. She last saw them over a year ago and averages contact once a year at present for only a few hours, but due to her currently effectively being a child she cannot push her father for more when he refuses just to be nasty.
I don't get why/how a parent can do that to their children
I have a niece that I've seen once in about 3 years. Her mother wont let my brother (the girls father) or the rest of us see her. I realised a while back that I wasn't going to see her until either her mum has a change of heart (which is not going to happen) or she's old enough to make her own choices.
It's a shame situations like these happen, people using people or kids as a way of punishing people.
It's a shame situations like these happen, people using people or kids as a way of punishing people.
Putting to one side any advice as to whether it is a good or a bad idea, your daughter will have to make an application for a Child Arrangements Order under section 8 of the Children Act 1989.
However, it is not going to be straightforward. From what you have said she will almost certainly not be within the pool of people entitled to make such an application and therefore will need permission of the court, just to bring the application. Assuming that I am right and she is not entitled as of right to bring the application, the court's consideration upon an application for permission, is contained within section 10(9) for the Children Act. Those considerations are:
a.The nature of the proposed application;
b. the applicant's connection with the child;
c. Any risk there might be of that proposed application disrupting the child's life to such an extent they would be harmed by it; and
d. [does not apply, as it involved the child who is the subject of the application being in the care of the Local Authority]
I would suggest taking some professional advice, but if you want to pursue the matter personally, I believe the correct court form is C2, to bring an application form permission to start proceedings.
Hope that helps.
However, it is not going to be straightforward. From what you have said she will almost certainly not be within the pool of people entitled to make such an application and therefore will need permission of the court, just to bring the application. Assuming that I am right and she is not entitled as of right to bring the application, the court's consideration upon an application for permission, is contained within section 10(9) for the Children Act. Those considerations are:
a.The nature of the proposed application;
b. the applicant's connection with the child;
c. Any risk there might be of that proposed application disrupting the child's life to such an extent they would be harmed by it; and
d. [does not apply, as it involved the child who is the subject of the application being in the care of the Local Authority]
I would suggest taking some professional advice, but if you want to pursue the matter personally, I believe the correct court form is C2, to bring an application form permission to start proceedings.
Hope that helps.
Why have you waited until she is 18 for the application to be made? Is this about her need or is it really in the best interests of half siblings she wants to have contact with?
I would seek legal advice in the first instance but hold in mind they are likely to be optimistic in their advice
I would seek legal advice in the first instance but hold in mind they are likely to be optimistic in their advice
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff