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access to my brother child

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  • access to my brother child

    Manchester .my brother and his girlfriend have separated she live in Ireland with there daughter and he now lives in England myself and my brothers girlfriend got along great we spoke often on facebook but up until recently she has stopped all contact with me and my brother I don't know why I would like to know if I have any rights in seeing my niece and if so how do I go about it please help I miss them both dearly x

  • #2
    Re: access to my brother child

    I wish to inform you that your brother is having child custody or child visitation rights. Parents only have right to child custody or visitation as they have first right to act as guardian of child. If you yourself intend to apply then generally you may seek child visitation rights under rule of equity. You can argue that it is in best interest of child if contact with relatives is allowed.

    AFF

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    • #3
      Re: access to my brother child

      Access essentially permits a parent to meet and/or communicate with a child. In general the attitude of the Irish Courts to Guardianship, Custody and Access is that these rights are viewed as rights of a child. This is in keeping with sentiments expressed in the European Convention on Human Rights which is now part of our legal system pursuant to the European Convention on Human Rights Act 2003. It has also been held that access is a right of the child and it should only have been allowed if it’s not in the best interests of the child. Consult with an expert family law attorney.

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      • #4
        Re: access to my brother child

        Originally posted by lisao View Post
        Manchester .my brother and his girlfriend have separated she live in Ireland with there daughter and he now lives in England myself and my brothers girlfriend got along great we spoke often on facebook but up until recently she has stopped all contact with me and my brother I don't know why I would like to know if I have any rights in seeing my niece and if so how do I go about it please help I miss them both dearly x
        does your brother have vistation with his daughter? if its court ordered and mom is refusing your brother can take her to court for contempt, and you can see the child on his time you have no inherit rights of any kind to this child at all

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        • #5
          Re: access to my brother child

          Originally posted by lisao View Post
          Manchester .my brother and his girlfriend have separated she live in Ireland with there daughter and he now lives in England myself and my brothers girlfriend got along great we spoke often on facebook but up until recently she has stopped all contact with me and my brother I don't know why I would like to know if I have any rights in seeing my niece and if so how do I go about it please help I miss them both dearly x
          As a relative, not the child's parents, you have no visitation rights as such under the law. The right to spend time with his child belong to your brother which he needs to assert in court if he wishes to have any role in raising or even knowing his child.

          When a child is born out of wedlock, first he will need to prove paternity. Then his rights will be established. And you may spend time with his daughter once he has the opportunity to have her for visits.

          You can only hope your brother asserts his rights to his daughter so she will have the extended family, too, she is entitled to; grandparents, aunts and, of course,you her uncle.

          The ball is in your brother's court. If he hasn't already done so, perhaps you can encourage him to man up and claim his child so he is not remorseful forever.

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