Child custody

Syed Aijaz (Querist) 08 May 2023 This query is : Resolved
Respected Legal Experts, Long story short. My ex-wife filed a writ petition as Heabeaus corpus (False charges) in High Court in 2019 asking for a Child Custody stating children are minors (Son 2 1/2 years and Daughter 4 1/2 years) summons issued to me and I produced the children in High Court, based on investigation and examination, Chief Judge passed the orders in my favour as mother use to torture minor children and I proved that in High Court. High court gave visitation rights (Sat and Sun) to mother stating mother can visit Bharosa centre and free to meet the children between so and so hours. High court also directed both the parties can file case in Family court for any modifications of orders. Mother filed GWOP in Family court for modification or orders in interim petition and to grant her permanent custody in main OP. Family court examined the children and passed the interim orders in my favour and gave visitation rights stating mother can come and meet children in Family court twice in a week for so and so hours. She use to come and meet children. During Covid 2021 she illegally detained the children during visitation and absconded from home, I made complaint in area PS, though I had High court and Civil court orders area PS asked me to get the court permission to get the children from her. We filed a out of order petition along with return of Custody petition in Family court and she was summoned to produce the children, she took 6 adjournments with nonsense excuses and passed 6 months, Judge gave her final warning post which she produced the children, in those 6 months she influence the children, brain washed the children and upon production she was pushing Judge to examine the children again now, Judge examined the children and dismissed our return of Custody petition stating children wants to be with mother now and passed the dismissal order. As soon as my return of children petition is dismissed I understood that Family court Judges could not even understand the motive behind illegal detention of children, when they can't implement the orders they should not passing the orders. I lost faith in our Judiciary system. As I can't leave my kids with her I will try until my last breath to get my children back. Main concern now is, I changed the Family court Adv and approached a new Lawyer and he told me challenging order time is 90 days, he took some amount as advance and did not even file a petition in High Court, he is not answering my calls, 90 days passed. Family court GWOP case is in (Dismissed for default stage) as mother is not attending to court since 6 months, need to appeal in a High court to challenge the family court order. Please advise. Thank you for your precious time.

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Quick Summary

A father is seeking advice after his ex-wife illegally detained their children during visitation, despite existing court orders. The Family Court initially dismissed his petition to regain custody, stating the children wished to stay with their mother. He has lost faith in the judiciary and is concerned about a new lawyer who failed to file an appeal within the 90-day window. He needs guidance on challenging the Family Court's decision and addressing the lawyer's inaction.

T. Kalaiselvan, Advocate (Expert) 09 May 2023
You cannot afford to waste your time with the lawyer who is not taking any steps to file the appeal.
Instead you engage another advocate and make sure that he files the appeal before the high court with a petition to condone delay, if there is any delay in preferring the appeal.
About the lawyer who took money and is not responding, you may give a complaint against him for professional misconduct before the concerned bar council and also before the association where he belongs to.

Dr J C Vashista (Expert) 10 May 2023
Consult and engage another local prudent lawyer for proper appreciation of facts/ documents, professional advise and necessary proceeding, if your lawyer is not proceeding properly.
However, such a lengthy single sentence make facts confusing, vague and complicated. Hence it would have been better to draft the facts separately for sentences and paragraphs, which cannot be tutored by experts on this platform.

P. Venu (Expert) 12 May 2023
Yes, the posting is too confusing. Please post facts avoiding your subjective opinions based on assumptions and presumptions.

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