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Ask UKfamsol Your Own Question
UKfamsol
UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience:  Very experienced specialist family law solicitor, qualifed in 1994
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my estranged daughter want contact with her younger step siblings

Customer Question

my estranged daughter wants contact with her younger step siblings i do not want this contact to happen where do i stand regarding this.the daughter is 21 her step siblings are 8 6 and 3 years of age.as a family we have had no contact with 21 year old since 5th feb 2013 she has coursed nothing but problems for the family resulting in her step siblings having to change primary schools.

Submitted: 4 years ago.
Category: Family Law
Customer: replied 4 years ago.
Relist: No answer yet.
is there actually any solicitors on this site?
Expert:  UKfamsol replied 4 years ago.
Hello and thanks for your question.

As I understand it, you have a daughter from a previous relationship now aged 21, and from your current relationship, 3 more children aged 8, 6 & 3. Your 21 yr old daughter has caused such problems that the younger children have had to change schools.

You can apply for a non-molestation order against your 21yr old daughter, (which is the legal name for an injunction). A non-molestation order is designed to be a temporary remedy in an emergency situation, and usually lasts for 6 or 12 months. If the court accepts that her behaviour amounts to serious harassment of you or your children, and the most recent incident is within a few days of your application to court, then the court can make a non-molestation order against her. The order is then personally served on her, and a copy lodged with the police. The order will specify exactly what she is forbidden to do eg contact you or any of the children or come within 100 metres of your address. If she breaches the order, then you inform the police, as breach of a non-molestation order is a criminal offence.

Your daughter has no automatic right to have any contact with her half-siblings - although she does have the right to apply to court for a contact order.

If she does apply for a contact order, the court would have to decide what was in the best interests of the children. It would be their welfare and not your daughter's wishes that would decide the outcome. The court would listen to what your daughter had to say about why her having contact with the children would be good for them, and the court would listen to what you had to say about why your daughter's contact with the children would be bad for them, and then possibly with the help of a Cafcass report, decide whether or not to make a contact order.

If the issue does go to court, I would strongly advise getting face-to-face legal advice from a specialist family law solicitor. Here's where to find a good solicitor:-

http://www.resolution.org.uk/findamember/

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....