fi84dignity (Sr fighter) 05 August 2013

Dv s21 - interim visitation -overnight access for kids

I have 41 months old ( 3 years 5 old ) daughter.

on the first hearing itself, orally I requested judge to allow me to meet my daughter, as I have been doing weekly, before the filing of the DV case running in Pune. my opposite party agreed to it, when asked by judge .

I got 3 hours once every week to visit my child.

now the question is child access & custody guidelines handbook ( approved by Bombay High Court) allows for overnight access.

I have already submitted application regaridng enhancement & allowing overnight access .

The opposite party has to respond to the app in the next hearing. They would object to it.

How do I make my arguments strong in view of the above , and get overnihght access ?

have submitted recent photos of good times spent during interim visits.

DV case is right now at interim DV list of documents submission stage.

Anxiously waiting for your expert advice.

Thanking you all in advance,

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3 Replies

Tajobsindia (Senior Partner ) 05 August 2013

1. Your first hurdle in reference is already complied by mother of the child.

2. With controlled pleadings.

3. Guidelines from M HC are there no doubt about it but by expressing natural love and affection of a natural father try persuasively parting of child by her mother for more and more hours including handing over on coming national and other holidays reaching to overnight as and when case progresses more.

4. Child being tender age resistance from natural mother is obvious for handing over immediate overnight custody due to strained relationships of child’s natural parents hence try extending current hours to more frequent visits first and then graduate to seeking overnight custody as comfort level of natural mother needs to be won over before Bench which is already half won due to her no objection as per your opening brief outline are my views.

5. Meanwhile be supportive to child’s inquisitive world without sharing any other venom into her mind to achieve missing parent goal. There should always be dignity to such means is my other view.

Adv k . mahesh (advocate) 05 August 2013

1. already on the regular track of visiting your child and which makes the court confidence and also spend more time with the kid stipulated by the court

2. do not spoil child behaviour or mind with distancing mother

3. if the mother does not object to the overnight stay of the child then no problem if not then you can request to stay with them overnight either the way you will be in the custody of the child

4. normally 3.5 old child means court will not give such acts but if there is no objection from the other side then court will grant thinking there will be compromise steps arises some way

fi84dignity (Sr fighter) 05 August 2013

TajobsIndia, K Mahesh, sincere thanks for your vaulable suggestions on this emotional subject.

Mahesh, one followup query on point (3) , would my proposal to stay over at wife/ kid residence not have a danger of 498a ( false incidents while staying over ) , when DV going on ?.

only wife & kid stay at said residence. ( i am co-owner too)

any pros / cons of point (3) you suggested ?