Umesh K 21 August 2025

Child custody query

My sister had filed a domestic violence case against her husband. She also filed a case for the custody of her child as the father has not taken any responsibility over the years and has not supported them in any ways. Both cases have been in the court for almost 4-5 years now without any outcome. However, for the custody case, whenever the father requests the judge to see the child, the judge asks us to bring the child to the court to meet him. The child is unwilling to meet the father and undergoes a trauma each time the meeting happens, My question : the child is unwilling to meet him. What can be done so that we can get a faster decision on this and to avoid taking the child to the court each time. Thanks

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T. Kalaiselvan, Advocate (Advocate) 22 August 2025

A father can seek visitation rights in court for an unwilling child, but the court's decision will prioritize the child's welfare.

The court will record the child's statement to understand their reluctance but isn't obligated to force the child to meet the father if it's deemed not in their best interest.

The judge will consider factors like the child's age, emotional well-being, and the reasons for their unwillingness before making an order.

Child's welfare is the paramount principle.

The court will ensure the child is in contact with both parents for their growth and well-being.

The court will investigate why the child doesn't want to meet their father and may record their statement to gather more information.

If the child continues to be unwilling, the court can revoke or modify the visitation order if it finds that forcing contact is not in the child's best interest.

Therefore you can inform the court about this and request the court to not to order the child to be brought to court in future.