Minor Sibling vs Minor Sibling

[Cailly]

My question involves restraining orders in the State of: California

Can a parent of a younger half-sibling obtain a retaining order so that an older half-sibling (from previous marriage) of other parent cannot be with the other parent when the younger half-sibling is visiting the other parent?

(Younger antagonizes older then runs home and cries to mom false accusations as it is the younger one always attacking the older one. Now the mom is threatening the older with a restraining order. Other than kids being kids, there has been no harmful violence)

[aardvarc]

The court won't make a minor be removed from their home so that visitation can occur. It might consider making visitation between parent and the non-cohabitating parent supersived or at a neutral place without the other minor present, but that would be rather unusual and I'd only see that as a possibility IF there had been some MAJOR issues (ie documented violence) involved between the siblings. And, it isn't going to issue a restraining order based on "antagonism". Antagonism is the natural state between siblings, half-siblings, step-siblings, etc. Restraining orders address issues where there is some REASON that the court finds CREDIBLE that tells the court that the order should be issued to restrict possibilities of violent or dangerous behavior. In short, this is a parenting issue and nowhere near levels where the courts are going to get involved, unless there is some incident(s) that can be proven to the court's satisfaction. If younger sibling wants to continue to play this game, and mom wishes to play along rather than work to resolve the issues betwen these two, then younger sibiling may get a chance to stand in front of a judge and get grilled about their accusations. (And unlike symathetic judges on TV shows, real life judges don't mind making children cry and grilling them and calling them on B.S. - and then turning around and grilling the parent who let it get this far). Unless mom has some major ammo to indicate to the court that this is anything beyond an issue of parenting siblings, she can expect the judge to ream her a new one should she attempt to pursue a restraining order.

[Cailly]

Thank you for you Catherine. I should point out the older does not reside with the father. Both the children visit with the father on the father's days off though the step-mom of the older child (mother to the younger child) is trying to make it so that either only one child can be with the father at a time. The younger lives close to the father who has recently left he family home. The older lives further away and until recently would not/could not visit with the father due to the step-moms wishes of "her" family coming first. At one time when the father and her lived closer to the older child, she would only allow visits from the older child on the fathers last hours before returning to work for the week (ie, Sundays were for her, Mondays were for the younger and then The morning hours of Tuesdays were for the older) So, it is children from separate mothers visiting the same father and the newer (soon-to-be)ex-spouse causing an uproar in an effort to claim more custodial time and hence more child support. In the meantime, the support to the older child will be lowered even though it is only 3/4's of the guideline amount and this was just granted, for years beforehand, it was only 5/8 of guideline )

The only incident I know of is once last month, the older, while finally being able to visit the father in the fathers new residence (without the step-mom present as she remains in the "family home"), after the younger had tormented him for days, he lost his temper and grabbed/squeezed the youngers arm and firmly told him to knock if off. The younger then complained to his mom when he went back to "her house". The father said the step-mom sent the older an email letter stating what a disappointment as a big brother he was and all these terrible things to him but I had already blocked her so the message never was actually received. I wish it had actually come through though for use in court as to her character.

I suppose she took pictures of his arm though the older did not leave any bruises or marks when he grabbed the youngers arm.