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UKfamsol
UKfamsol, Solicitor
Category: UK Family Law
Satisfied Customers: 500
Experience:  Woman solicitor, qualified in 1994, specialist in family law, accredited with Resolution
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What right do siblings have to see another sibling with a different

Resolved Question:

What right do siblings have to see another sibling with a different father as the mother is desised
Submitted: 1 year ago.
Category: UK Family Law
Expert:  UKfamsol replied 1 year ago.
Hello and thanks for your question.

I need a bit more information before I can answer:-

Do you mean the mother of some of the children has died?
How old are all the children?
How long is it since they have seen each other?
Who do the children with a different father live with now that their mother has died?
What reason has the father given for not allowing the children to see their half-siblings?
Customer: replied 1 year ago.
Hello the mother of all four children had died last year , three from a previous relashionship now aged 18, 15 , and 13 yrs . And the fourth from a marriage age 5 yrs this relashionship broke up before she died . I am the children's auntie the mothers sister , since my sisters passing I have been trying to keep the siblings together the father of the youngest is in another relashionship and since x mas time with my neice has been limited we probely on advarage get to see her at my house with all the other siblings every other weekend 5 pm sat till 12 pm Sunday , this we can just about Live with but it's all other occasions that is hurting the older siblings like x mas Mother's Day Easter and most recent het birthday the father is not given any explanation to why the siblings cannot see her on these occasions apart from he's busy , he doesn't answer my calls or text , and he always played a step fatherly roll before my sister past and now has no interest at all ,this is just a brief into this story kind regards Emilie
Expert:  UKfamsol replied 1 year ago.
Sorry for the delay in getting back to you.

So the 3 older children see the 5 year old once a fortnight (when she stays with you from Saturday at 5pm overnight to Sunday at 12 noon), and this arrangement has been in place for the last year since their mother died.

However, the 3 older children would also like to see their half-sibling on birthdays, Christmas, Easter, Mother's day etc.

There is no hard and fast rule about what level of contact is appropriate - except that it must be what is in the best interests of the children concerned.

If this went to court, the court would have to balance the interests and welfare of the 3 older children, against the interests and welfare of the youngest child.

It must be hurtful for you to know that the father now has a new partner - but as you say, his marriage to your sister had already ended before her death. The court would be reluctant to disrupt the youngest child's life with her father, if that was the effect of the additional contact that the 3 older children want. And the father will naturally want to involve the 5 year old with his life with his new partner, which he has the right to do.

When parents separate, alternate weekend staying contact is a common pattern - altho' especially for older children, it can be as much as Friday from school to Monday at school, plus 1/2 the school holidays and negotiation about other special days - but so much depends on the particular situation, that it is difficult to be more precise about how a court would deal with your situation - especially as the level of contact that you are the 3 older children is already not too bad - although it could be better.

Legal aid for this type of case has been drastically cut from 1st April 2013, so whether it is you or the children themselves, it is very unlikely that legal aid would be granted to cover the legal costs of taking this case to court, so your best option is to try mediation. The family court does anyway require that parties attempt mediation before it will consider an application to court.

Mediation is a round-the-table discussion with a trained and neutral mediator, who is skilled at helping parties to a dispute reach an amicable compromise.

Here's where to find a family mediation service near to you:

http://www.familymediationhelpline.co.uk/find-service.php

You can self-refer, or you can ask your local family law solcitor to make the referral. Here's where to find a good specialist family lawyer:-

www.resolution.org.uk/

I hope this helps and I wish you the best of luck.

I hate to specify - but please rate my answer ok, good or excellent - or I get nothing for my time!!! (so the website keeps all).)

Thanks and best wishes....
UKfamsol, Solicitor
Category: UK Family Law
Satisfied Customers: 500
Experience: Woman solicitor, qualified in 1994, specialist in family law, accredited with Resolution
UKfamsol and other UK Family Law Specialists are ready to help you
Expert:  UKfamsol replied 1 year ago.
Thanks so much for your positive rating and payment - much appreciated!

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