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navaneetham   03 October 2016

Child visitation and custody

Dear sir, We have filed a RCR petition along with an IA for child visitation at family court, Chennai. The court ordered counselling, the respondent has come for only 1 out of 6 counselling sessions. No interim order has been passed yet. The respondent is willfully delaying progress and has not filed any counter. The respondent is indulging in parent alienation and using it as a tool to get divorce.

For us welfare of the child is important. We believe in joint parenting. The respondent(wife) is neglecting the child’s(4 year old) welfare and selfishly focused on only respondent’s wish to get divorce.

 

Please let us know the following

1. How can we speed up the process to get child visitation rights

2. How can we prevent the respondent from taking child abroad and skipping hearing all together- will a restrainment order help

3. The child’s current location is not known, can we file a Habeas corpus petition

4. Should we file a separate petition under GWA for child visitation and custody

5. Can we file a Public interest petition on Joint parenting, will it help help us?

Thanking you

With regards

navaneetham



Learning

 6 Replies

adv.bharat @ PUNE (Lawyer)     03 October 2016

Navaneenatham ji 

To get access to child u need to make pray to Honerable court.

Inform the Passport authority about pending suit in court in written giving the reference of the court case.

Yes u can file it if u think ther is danger for life of child.

If u like my solution then will u give THANK on my profile for it.


(Guest)
Agree with Bharat. But everything zeroes down to.money. u need divorce, u need child custody, all u need is money. Throw it n take what u want. In matrimonial cases, it's really a waste of time running around courts, u also spend money.like water n still.end up not getting any favourable results. In this u want to file pil. Admire ur patience. Till such lasts. Shared parenting is a mirage, no parent is that pious n reliable that will follow court orders, for every breach u again need to run to court till kid turns 18. How far? How long????

whatnot   03 October 2016

How old is the child?

 

Is Intreim order is passed. If so, what does order say?

 

RCR shouldn't be dragged on. If done so, You should ask judge to pass the order. Bring the relevant info. Such as what respondent doing at such and such time...

 

You can't say child place is unknown. Put a case that child is missing.. Make a big hue and cry. Accuse them of murdering the child .Take TV camera crew. Just create scene. If you have put up RCR , by default court allows all kind of mediation. On court and off court. RCR is useful and only tool that is man friendly.. Go to her place.. Work place. Say By court order I'm supposed to nediate. Come.. At the max they will have to obtain restrain order...

 

You're too timid to follow procedure. Be creative if you want child.

 

Also if child intrest is paramount, then don't stop child going abroad.

 

A walk alone (-)     03 October 2016

First try to resolve problems with your wife for better future of child. If it fails and she only wants money then throw it get your child back. Think for fighting any case you need money. If you can waste money on lawyer then why not on her. Court procedure are very long it may be possible you got custody when your child turns 18 years.

HOMO SAPIENS (HELPING)     04 October 2016

1. After filing application for child custody and interim visitation, apply to the court u/s 151 of CPC to act on it or reject your application. 2. Use Laxmikant Pandey Vs. Union of India judgement by Supreme Court which categorically says GWA cases should finished off within 2 months. There's also a judgement from Guwahati HC upholding this principle laid down by SC. 3. Use UN Child Rights Convention, New York of which India is a signatory, especially article 9 of this UNCRC which says state should take every measure to provide access of both the parents to the child. 4. Give citations regarding disastrous effect of parental alienation syndome and fervently plea to the court to save the child from parental alienation syndrome since the well-being of the child is of utmost importance here, not any individuals ego. I did all this and got my child visitation order. Now she is only 1 year 9 months. Never believe in naysayers. In life they haven't achieved anything except criticizing others. Good luck.
1 Like

navaneetham   04 October 2016

Dear Mr. Bharat, Mr. Gyan prakash, whatnot, A walk alone and Homo sapiens, thankyou for taking time to provide your valuable suggestions.

Best regards

Navaneetham

 

 

 


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