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Maintenancevictim (Own)     12 September 2016

Child custody related question

Hi - 8 year old son currently staying with my wife. I applied for his custody - filed GWOP Section 7,10,25.  Wife has stopped allowing me to meet and interacting with him at her place. So went to school yesterday and the school principal said wife has orally instructed him not to show my son to anyone. I told school that i am the father but school says when wife admitted the child in the school, she declared herself as the guardian and hence they cannot entertain my request. After a lot of aggressive posturing i made the school agree to get me my wife's objection in writing.

I am sure most of you would have faced the above situation. What is the best way to handle it without jeopardizing child's career ? I was in two minds yesterday because any more aggressive approach, wife's side will claim that i went and picked up unnecessary quarrel with the school management.


Pleae advise


 7 Replies

adv.bharat @ PUNE (Lawyer)     12 September 2016

U need to ask ur son whether he want to meet u or not.

Then u can proceed accordingly.

Without wish of ur child u cant force him to meet u.

If u like my suggesation then give THANK on my profile.

Maintenancevictim (Own)     12 September 2016

I should ask him infront of whom? In the court, in the school or infront of my wife? I am 100% he wants to meet me

Sachin (N.A)     12 September 2016

Take orders of visitation rights from court and ask the court to allow you to access the educational details of your child from school.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     12 September 2016

Have you applied for interim visitation rights? If not then do so asap. The same shall definitely involve an order being passed in your favour by virtue of which you shall ber able to meet your ward, around once or twice every month. Its better that you restrain from visiting the school. The interim order shall establish your purpose.

Augustine Chatterjee

Advocate & Solicitor at Law


whatnot   14 September 2016

I agree with Mr. Martin Sujay.

If child is admitted into school without proper documents (mother has to list as divorcee, Father name has to reflect or a court affidavit of not delcaring your name, Birth certificate with your name should be with school...blah...blah). She can't just delcare as guardian unless court decree exists.


You can file a case against school of witholding a child with malice contention, blame them of s*xual advance...blah.bllah...  Keep a dharna, bring TV crew...


They have no jurdisction between dispute of parents.


But this will have adverse effect on child .


But remember, Supremem court has ruled that Child being with one parent or other is not a kidnap. There exist case reference.


Keep a child for a day and return them to your wife..Let the child stay at home until issue sort out.


Bec areful when to use force when child is invovled.

Whatever you do child is important.

All the best.

Helpless Guy (IT)     21 January 2018

Hi Experts , I have a similar situation in which my wife is not allowing me to meet my 5 year son and also instructed my son school not to entertain me. When I contacted school they told your name is not in admission form of child as father and also you didnt paid any fees nor you come for admission of child so we can't entertain you. When I asked them to give me in writing school denied me and told me to talk to your wife .

Can I send letter to school asking that I want to met Principal for checking progress of my child and on what basis they didn't added father name in admission form of child ?

Have a Heart Foundation (Sales & Mktng)     16 February 2018

Wow... if the child says that he does not want to go to school or wants to marry actress will his wishes be considered??

Courts do not consider wishes of the minor children who are tutored & brainwashed...

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