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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My ex husband is in a custody dispute with his soon to be ex

Resolved Question:

My ex husband is in a custody dispute with his soon to be ex wife. The result is that my daughter(15) from our first marriage has been denied access to see her two half brothers and step sister for almost 1 year now. The court case is ongoing and the stepmother is battling with CAFCASS and being deliberately spiteful, bringing up all sorts of untrue allegations. Aside from this, do I have any options to apply to the courts for my daughter to have some sort of contact with her siblings?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How old are the younger children and how much contact did your daughter have with them in the past?
have you approached their mother at all?
Clare
Customer: replied 2 years ago.

Thank you Clare. Her two half brothers are 6 & 7 years of age. Her step sister is 14. She used to see them every second weekend and most of the school holidays. During a CAFCASS meeting the children made it very clear they wanted to see her. Unfortunately the mum is not someone who can be reasoned with. I have not approached the mother as she has always made her feelings towards me very clear.

Expert:  Clare replied 2 years ago.
Hi
Do you know what the CAFCASS report has actually ordered?
Clare
Customer: replied 2 years ago.

As this is a public forum I would prefer not to go into any further detail publicly. I am sorry you have been unable to assist but understand you are trying to get more information. Thanks.

Expert:  Clare replied 2 years ago.
Hi
That is fine.
Without a few more clues about the approach of the CAFCASS officer I can only give you general assistance.
As a first point unless there is some hint in the report that this is something the CAFCASS officer would support i- then don't do it.
Your daughter can apply for contact with her siblings BUT the question for the court is whether it is in the best interests of her siblings - not her.
If you think that it is worth a try then the starting point is to have family mediation - using a mediator trained to work with children - to see if contact can be agreed - at a Contact centre if necessary.
If Mediation fails then the applictaion can be made to the court
I hope that this is of assistance - please ask if you need further details
Clare.
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