NSW Do Siblings have rights to have visitation with younger children?

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Melissa99

Member
10 October 2017
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My Niece is 22 and wishes to see her sister who is 7. Her father won’t let her speak to her even on the phone now. She is struggling with not being able to see her as they are very close.. is there a way to get time with her through the courts? We have tried all other ideas. Her father is my brother and I can’t even get him to let her. Nasty break up.. kids caught in the middle ..
 

AllForHer

Well-Known Member
23 July 2014
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Section 60B of the Family Law Act states that children have a right to a relationship with anyone concerned with their care, welfare or development, which includes siblings.

Your niece should contact Legal Aid or Relationships Australia to organise a family dispute resolution conference with the father. This is a mandatory step before she can file an initiating application for parenting orders with the Court, and the intention is to try and get parties to negotiate an agreement together rather than going to Court.

If he doesn't participate, she can file for parenting orders from the Court. Of course, she isn't a parent, but 'parenting orders' is the blanket term that refers to any orders made in relation to children's care. As a person of significance to the child, that being her sister, she is allowed to file for parenting orders with the Court to seek regular time and contact with her sibling.