Rajan Singh (Manager) 30 September 2011

Child visitation

Hi,

I am father of a 8 year old child, wife is having visitation right on child every sunday 8 hrs. Child goes school and i go to office 6 days a week. 7th day is dedicated to this visitation. We visit to a nearby place , never missed any visit for past 2 months. Now the wife is creating a recus and saying we have to come where she wishes and child has no right to say NO. Is this correct , she dont even let us move, dont even let child go to washroom for a mintue during visitation. i have no issue with visitation , but she is writing nasty mails , abuse us when we meet and everytime says if you have issue go to court ! i dont understand why i need to go court when i am following order of court. My lawyer advised me i should not go but i feel that is not right.

Minor has no say in saying no to meeting but does minor can be forced to come to place of non custodial parent choice. Does visitation rights are absolute or there is any remedy available to stop this harashment in the name of visitation.

can you please advice me what i have to do!

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7 Replies

Adv. Chandrasekhar (Advocate) 30 September 2011

Court shall give in its order that how visitation rights to be executed. If it is not so, you file an application explaining your difficulties and seeking clarifications from the court.

If the order says "from gate to gate" and shoulders responsibility on you to leave the child at her residential gate and pick the child from gate after eight hours and leave both the mother and child alone, problems may solve.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 01 October 2011

No, wife is not right.

The visitation has to be at a place conv to the child and not to the wife.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

(Guest)

Rajan,

You need to act firm here. You can not bend like as your wife would like to . If you have been meeting at one place you should insist that you will meet at the place only.

You are custodian parent - you have to ensure physical and mental well being of the child. If your wife does something during visitation which is not in the best interest of the child. You can stop her. If she has issues with you stopping her, let her go to the court - how come she can say you go to the court?

But one thing, my dear, above things should be guided by best interest of children and not ones ego.

Rajan Singh (Manager) 01 October 2011

Hell sir,

As per order , i had to accompany child for every visit. order says public place like Mall. Morever, when i am ready for visitation and following court orders why i was threatened everytime and asked to go court.

If the other party has issue , they can go for filling litigation but on what ground that child is not coming to place of her choice? is this ground sufficient to file a complaint and drag other party uncessary into litigation.

Rajan Singh (Manager) 01 October 2011

Can you advice me some good lawyer whom i can show the court order and ask what remedy is available to me. I reside in Noida.

As my previous lawyer is also advising me to stop visitation and telling me to go to court, which i dont feel is right? why should i stop visitation and breach the court order ?

M V Gupta (Advocate) 01 October 2011

No need for u to go to the court. Issue a legal notice to your wife setting out the unreasonable demands made by her and the threateniing letters written to you and making clear to her that you would allow visitation as per the orders of the court and that you would not like to deviate from the orders. Such a notice will help you in case ur wife tries to approach the court with flase allegations against you.