Visitation rights

Being an advocate, I can not suggest you to disobey the court order. Rest is your choice.

Goutam Prasad

Advocate

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1. The Order passed is not based on 'natural justice'. Meaning thereby you were not heard in advancement hearing whose special knowledge you received after it was proceeded (most probably it was ex-parte and you just received copy of the dasti Order via her advocate). If you would have been heard by being present at the advancement hearing the very Order would not have been passed for tomorrow and/or for day after tomorrow which you could have explained very well. Secondly visitation is a right of parents no doubt but such visitations rights just for the sake of visitation by disturbing children school routines r/w where natural mother leaves children behind 2 years ago should be passed more carefully as the leniency towards natural mother is more by sections of society r/w persons in Authority compared to natural father in similar facts. Thirdly such advancement of court hearing are not to be considered as usual norm when child (visitations) custody were left behind by a natural mother 2 years ago in reference to facts!
Reasoning:
Since the paramount interest r/w welfare of children here is children examination 'first' which is more important. I suggest differ the visitation of tomorrow and day after tomorrow till next date of hearing i.e. Jan' 13. On next date of hearing withotu fear show to the Bench (ld. Judge) the school diary where examination schedule is mentioned and not aware of advancement hearing instead came to knwo the Order right in the middle of examination schedule and upon seeking view of the very children they refused stating examination is mor eimportant for them.

You may contact me directly if any Contempt proceedings gets instituted and keep note of first the welfare of the children.

PS.:
An Advocate can very well answer such questions in public forums where principals of ‘natural justice’ are not followed reading down the brief and it is not rocket science! 

Very satisfying reply Mr. Tajobsindia. I am prepared to fight the custody as the children are on my side. But is there a way visitation can be avoided until the decision is made on custody as there is fear the mother will try to gather important information from the children while the case is still going on which she can try to use against me? More importantly if the children refuse in front of the judge that they dont like to meet her, can the visitation rights still be granted and the father should force the children to go for visitation? Please advise......

1. Have faith in parental duties you are providing to children. Never prompt young minds, instead nurture them for future by providing them safety, security, good education and neutral parental umbrella.
2. Have faith on child interview, if your children sense you are right parent for them they will side you means they will ‘express wish to be with you’.
3. Visitations which undermine ‘welfare of children first’ can always be differed, such as if day after tomorrow is one child’s birthday and mother has got visitation on same date then better to invite her to celebrate the birthday instead of giving in to take the very child out of h/er friends companions invited to h/er birthday ! Like wise so many situations may come during pending main case and as and when situation develops welfare of child first you / your side have to argue and differ her visitation for some other date or alternately provide during pending main custody application and advise as straight jacket formulal cannot be guided is my neutral view in reference to your second query.

There are various HC decisions where in similar facts complete visitation was also denied to natural mother at the end of the custody trial!

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