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Bobby Gulati (Self)     14 November 2020

Child not want to follow order.

I am the mother to an 11 yr old boy. I have four days of my son's joint/sharedcustody and opposite party (my son's dad) gets three days.

I am wanting to go full disclosure and need your help and understanding in this matter.

I had not imagined that I would have to have sharedcustody. As his natural mother I had expected full custody of my son. But because this order was very difficult for me I could not follow a few directions in it since it became applicable 2 years ago. 

So I have explained to my son all this time as to why this order is unfair to me so that he requests his father to change the order. Finally after TWO years of this order coming into effect and us somehow maintaining the 4 day 3 day arrangement, now my son does not want to go to his father's residence anymore.

I have intimated this on email to the father that I will not be handing my son over any further because he does not want to be with his father. The son even told his father the same thing on phone on the handover day and since then my son is staying with me.

If the judge will call my son to ask about his issue my son will say that he only wants to stay with me and no more with his father.

My questions are below --

1) Will judge change the order based on what my son tells the judge to my favour?

2) What can opposite party husband do to turn the case in his favour?

3) Is there anything else I can do to convince court that joint/shared custody is a bad idea for my son?



Learning

 6 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     14 November 2020

1. Mother and Child CANNOT take any decision about child custody or visiting rights of the biological Father.

2. Father can petition the Court against your decision (email communication etc.... ) and hold you for contempt of court orders.

3. Father has to petition the Court "relinquishing" his rights over the child, for you to have full custody etc....  There is no exception to his, in any manner whatsoever.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Bobby Gulati (Self)     14 November 2020

Thanx for your answer Sir. I shall wait for other experts too. Perhaps some hope is there.

Dr J C Vashista (Advocate)     15 November 2020

Submit an application to the concerned court for amendment / modification of custody order through your lawyer

Paramount interest of the child shall be protected by the court after thourough investigation and interaction with minor.

Bobby Gulati (Self)     15 November 2020

Thankx for your reply Dr.Vashishta, is there any other court case you can refer me where situation similar as me?

 

 

 

Originally posted by : Dr J C Vashista

Submit an application to the concerned court for amendment / modification of custody order through your lawyer

Paramount interest of the child shall be protected by the court after thourough investigation and interaction with minor.

 

P. Venu (Advocate)     20 November 2020

Yes, you can move the Court for getting whole-time custody of the child. But remember, the child's father has his own sentiments and he is bound to pursue them before the Court.

Have a Heart Foundation (Sales & Mktng)     02 February 2021

A Survey is being conducted for Reforms in functioning of Family Courts in India.

Separated Parents in Child Custody / Visitation disputes are requested to participate and fill the form in link below.

Our Children Deserve Better


https://docs.google.com/forms/d/e/1FAIpQLSfb-7gq8lVMUed9PQqkMV3gYCb5TC5WgH5wMKV0uaJB-Rc9yQ/viewform


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