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Need Advise (def)     14 December 2014

Child visitation

My wife has filed for divorce on ground of cruelty, negligence etc. (all of which is wrong and can be proven wrong or cannot be proven by her). My   advocate has advised me not to go for responding to the petition immediately. Instead, we will request for mediation. 

 

My advocate has also advised me to file an application/ petition for child visitation.(I am not sure if it will be an application or petition). I will mention not only for visitation rights but also my wife will inform about my son's study, health etc. Also, I should be able to take him with me on holidays and interact with him on phone/ video. But my lawyer is saying that my application/ petition will not be heard immediately. I have to wait till I reply to my wife's petition. The other way is to talk to the mediator to help for the visitation.

 

My question, in these circumstances where instead of replying to the petition I am going for mediation, how can I go for visitation application/ petition that is taken up on priority by the judge. I want the court to hear my application/ petition and grant visitation on my next hearing which is due in some days.



 2 Replies

ROHIT SHARMA (Legal Advisor )     14 December 2014

1. This application as per what you ask for as visitation includes all that you need to have fair interaction with your child.

2. This application can be made before the trial court and not before the mediator as the latter is not the one who can attend to such application except the court itself.

3. You can make such motion as to be taken on board of the court at any time and have the court list such application for disposal on the next convenient  date.

4. Such issues then need not be raised during the mediation.

 

 

Simran Kaur (Advocate/Legal Consultant @simrank211@gmail.com)     14 December 2014

In my opinion, you should go by your lawyer's advice. I understand your urgency but some rules need to be followed before all is settled. Wait till the next hearing.

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