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Kamal (XYZ)     09 August 2015

Breach of execution or child custody?

My mutual divorce second motion on next week. I have been visiting my daughter (7 years old) on second saturday and fourth sunday in a month as per mutual divorce agreement between us. Last three times my wife deny to bring kid. She says that kid dont want to meet me. I tried to contact the kid by phone, the kid told me as per the instruction of mother. But kid was happy with me all visits. Now the mother blocked the phone number and if I try to call from another number she disconnects the call. I suspects that she is mind poisoning kid against me.

 

 

I contacte with my lawyer, he says that wait we can file breach of execution after second motion of mutual divorce.

 

 

 

 

Please advice me filing of breach of execution or filing child custody with interim visit is ideal option? I respect the words of my lawyer and at the same time I would like to listen a second opinion from respected lawyer friends from here.

 

 



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 3 Replies

saravanan s (legal advisor)     09 August 2015

dear kamal our lawyer is right in one way.first get mcd from your wife.if she withdraws her consent anytime before or during the second motion your mcd will be dismissed.then you need to file contested divorce which might drag on for years.also what you have specified in the mou regarding the child custody?

Kamal (XYZ)     09 August 2015

Not child custody, only visitation rights

prabhakar advocate (advocate)     10 August 2015

I agree with the opinion of your advocate.


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