Title: How to file for visitation rights of your own Child?
ALL MATTERS RELATING TO CHILD VISITATION TO BE DISPOSED IN 6 MONTHS For all those with custody cases... ...download and File this RTI by putting your own name and address, get response from NCPCR, and file the response as argument in family court for child custody/ visitation cases.
Open attached MS Word File to download RTI applciation
Use this process of argument / evidence before a "wise Court":
1. That NCPCR has not done any study related to effect of single parent custody on children, PAS, child development, child psychology etc.
2. Then proceed to argue that since no such study is available in India, that studies done outside India be considered as expert opinion and evidence. Show studies done in US or other countries about ill-effect of single parent custody, and benefits of joint parenting. Court cannot refuse to look at such studies in that case.[If you don't have those studies compodium then ask me]
3. If they do not still look at it favourably, then say that this is against UN child rights convention, which clearly says that child should have access to both parents whether divorced etc. NCPCR has the mandate to follow United Nations CRC
4. Question NCPCR again if the court does not pass favourable order. NCPCR has budget of 6 cr I think... let's help them utilize it for something useful for children's cause.
Every child has a right of access to even an adultrous wife and drunkard father.
Here is a draft format of Child Visitation Application
Before the Hon'ble Principal Judge, Family Court, City name.
I.A of
in
FCOP of
self Petitioner / Respondent
Vs
wife's Respondent / Petitioner
Affidavit filed by the Petitioner / Respondent
I, self S/o Name, Male, aged nn years residing at correspondence address here sincerely state as follows
1. I am the petitioner here in and respondent in FCOP # of year pending before the Honorable court.
2. I submit that the Respondent/Wife is in custody of my minor daughter name aged n years and my minor son name aged n years and is refusing access to their biological father
3. I submit my son / daughter is attending to school and is in school XYZ.
4. The Respondent / Wife herein is denying the right to access of the Children to their biological Father from the time the Respondent / Petitioner deserted her matrimonial home on date [mention dd/mm/yyyy].
5. I submit both my children as of right shall have access to both parents. The denial access to biological father amounts to abuse of the children and also cruel. Both my children are entitled to the protection, support and care of the biological father as the natural guardian.
6. I submit that Respondent / Wife has stated before the Honorable Court vide MC # of (year) that she is not able to maintain the Children for the past (n) year. Over & above the Respondent / Wife also has to support her parents as they are financially dependent on Respondent / Wife.
7. I submit I'm a caring father of my son / daughter (name) aged (n) years and my son (name) aged (n) years and I'm willing to take custody of both the children.
8. I submit I will not deny access to children by the Respondent / wife in the event of custody given to me by the Honorable Court.
9. I submit that it will be in the best interest of the children to be to order the custody of my both children with me till the disposal of FCOP # (op) of (year)
10. I pray that the Hon'ble Court may be pleased to order
- To grant custody of both children till the disposal of FCOP # (op) of (year)
- To permit me to visit the school and support the child in their education
- To visit the children at their school functions such as Parent-Teacher Meeting, School Day, Sports Day etc.
- To order interim vacation custody during the children's school holidays
- To grant such other relief as this Hon'ble Court may deem fit and proper in the circumstances of the case and this render justice.
Solemnly affirmed at City name on this the day of August 2010 and signed in my presence
Applicant in Person
