Divorce and children
Querist :
Anonymous
(Querist) 27 February 2011
This query is : Resolved
Hello.
I've been referred to your site by a very credible source. I hope you can help.
Recently my childrens father ran off from home with is subordinate at work and started living with her. When he ran off he filed for divorce and in a year we had a court trial and the divorce was finalized.
I have sole custody of my two children (ages 3 and 6). I live 5 hrs away from the childrens father. Their father and the girlfriend live together in another town. I am alone and have no support in the town I live.
The court issued a parenting plan that dictates father should see children every other weekend; in summer, one week with me and one week with the father - alternating weeks for the whole summer.
Father also gets some extra wknds during the year. Father does not excercise all of his time. He and his girlfriend also hit my children and neglect them very much. Children have to travel 10hrs by car every other weekend and they are exhausted and are in very much distress with the mental and emotional abuse from father and his girlfriend.
I would like to know if I can file a case against father in India so that he is deported back to India or any such case that will require him to come back to me for childrens sake or completely let go of me and the children so we can live a "life"? Can you please help?
I look forward to your reponse.
kind Regards,
Deeply Concerned Mother
Devajyoti Barman
(Expert) 27 February 2011
Your query lacks some clarity on the point that if the child has to bear 10 hours journey to meet his father then how is he staying abroad? You did not mention whether both of you got divorce by mutual agreement or not. If yes then it would be difficult to file any criminal case now though you could definitely file a case of maintenance both for yourself(if you are unemployed) and for your children as well.
Querist :
Anonymous
(Querist) 27 February 2011
Thank you for replying so quickly.
To clarify a bit, I reside in US and so does the father and children. Children stay with me as I have sole custody. However, the children are being emotionally and mentally abused by the father and his girlfriend.
Are there any laws in India, that will enable me to file a case against father in any form and bring him to India to hold him responsible for his actions?
Querist :
Anonymous
(Querist) 27 February 2011
One more thing, unfortunately in US Divorce is granted even if you do want wish it. All a spouse has to do is file papers in court. I could only contest for alimony and child support at that point, which I did. However, my concern is for the children and their life and freedom to live. They are being abused and I can't do anything in this court system. They are not able to take part in any activities consistently or progress in anything children normally do due to the parenting plan and courts rulings for the other parent. Hence, I am seeking help from Indian court system to give my children a normal life rather than being tossed back and fourth between father and mother every other week. Can you help?
adv. rajeev ( rajoo )
(Expert) 27 February 2011
In my opinion you cannot seek any help from the indian courts.
Devajyoti Barman
(Expert) 27 February 2011
The orders of the US court needs to be perused. If you are shifting to India then only future course of action could be chalked out otherwise it would not be wise that only to claim the child's right you come down to India.
Yes India a lot could be done to claim spousal support and suppost for the child in monetary terms.
Querist :
Anonymous
(Querist) 28 February 2011
I understand your point of view regarding spousal support and child support. This has been taken care of. However, in this country divorce effects children mentally, emotionally and physicially. It dramatically and significantly affects their ability to go to school and take part in any activities. Especially in my case where the children have to travel so much and be abused at fathers and then return home exhausted and ill. This is not humane. I want to relieve them from this burden to travel back and fourth and the abuse they have to put up with at fathers. Their has got to be something I can do to help my minor children!
Are there any lawyers on this site with International law specialty?
