Child visitation/ custody

Do a video recording of your meetings with your daughter on Sundays..and let everything get on record. Then you can file contempt of court.

I am not being able to meet my daughter only, what video recording would I do..... but I have been registering each of my visit and its outcome to the local police station through GD

@ Author,

1. When both of you were contemplating about Mutual Consent Divorce at that time all these things should have been thought about.
2. Your then advocate was not professional enough to guide you then.
3. Once both of you agreed that you will not disturb her day today routine then why you are disturbing her now?
4. A custodial mother has all the right to change residence as well as change school post divorce. In which way these activities are not in welfare of the child?
5. Was your going to her house post divorce mentioned in MCD?
6. Did both of you agreed for some nature of visitation modalities post divorce as per terms of MCD proceedings ?
7. The ex party Order that you have got can always be challenged is my view.
8. Also in your first query above there is nothing mentioned as how mother of the child is not taking care of the child and what defaults she is doing which are not in consonants of MCD decree of 2010?

Simply that you now want to meet the child you moved Court and got ex party order (bze the service was not effected upon her probably is my assumption) - right / wrong correct me!

1.1 - In my opinion without reviewing the earlier MoU and past MCD Judgment and this fresh ex party Order that you are talking afresh I will not like to advise you anything. Type the application title then operating paras here minus private details in dd/mm/yyyy format for clarity.

PS: Some days back in this forum a similar query was put but it was from a  mother's side who at divorce phase agreed for custody of child to be with father. Later at one of the meetings with the child probably child expressed seeing more often her mother. Meanwhile father went with child to USA and settled there. Now the mother wants to file an application for visitation and calling back father with child to India using Writ jurisdiction or similar nature Jurisdiction ! I gave some wisdom there in her query read them. I am also aware my wisdom didn’t go well in that query with the mother queriest. But my only point then was if you as sensible parent didn’t think far ahead on visitation (shared parenting etc.) and spelt out terms of meetings (holidays to PTm and what nots etc.) and other related fine prints to be followed by both parents in best interest of the child then is it right to disturb child by presenting her to court again at this juncture just bze child in one past meeting expressed desire to see one of her parent? Read that query and come back to this board let us see what can be done in your case.

Link:

https://www.lawyersclubindia.com/forum/Re-Re-Re-Ex-husband-fled-to-us-with-my-daughter-60085.asp 

When u have pledged not to disturb the child after obtaining the MCD, what is the point reverting upon ur statement now? Remember, while u try to bother the mother, ur child is also going to be troubled in courts. Who knows that ur X must have agreed to MCD on this very groud "That u wont disturb the child, giving full & final custody to mother".

Now do not stab her in the back.

In spite of the agreement in MCD, you have got a right to have visitation rights and the court order substantiates this proposition.  If your ex-wife is creating obstruction in implementation of court orders, the appropriate course of action is to file contempt petition against your wife.

Thank you all for all the responses. 

It is not a case of stabbing at the back and one of you have pointed out. During the divorce proceedings we both agreed to separate (though I personally is not a person who advocates divorce and honestly wanted the marriage to work .... had taken my ex for counseling sessions...... pleaded with her to work things out but she was adamant) in a dignified manner and hence we agreed to have a common lawyer to handle the case. While I was given a draft copy where the Child's custody was mentioned to be with the mother, I agreed as to me a child needs his/her mother in the formative years but where it was mentioned that I would not interfere in her day to day upbringing I did object but I was made to believe that this is a standard format and this needs to be mentioned and also would like to state that I and my parents was receiving calls threatening of dire consequences if I do not give my consent to the divorce and hence I agreed. For which I did lodge a GD at the local PS.

But with time going and my daughter growing up she misses me and have expressed to me to speak to her mother to allow her to meet her and to even bring her over to my place for few days. She does call me up when her mother is not present........... all this has provoked me to move to the court and to seek visitation right.................... but now she is not complying with the court order at all and is openly saying that she won’t let me have any contact with my daughter.

Moreover I would also like to mention here that summons were served thrice to appear in the court but neither she nor her layer did appear and hence the Ld. Judge passed the ex party order allowing me to visit my daughter on every Sunday from 10 am to 12 noon at her mother’s residence

 Do advice me as to how shall I proceed........................................

Regards

The one and only solution to the problem is to file contempt petition against your ex-wife.  The hon'ble courts know how to get their orders implemented against the reluctant / adamant / disobedient citizens.

Please advice as to where shall I file pittition for the contempt of court order, ie, in the district court on the High Court

High Court, being the court of record, has got the jurisdiction to adjudicate contemptuous acts done against the orders passed by its lower courts.

Can you please suggest, if my ex-wife can change my daughter's sir name without informing or without taking my consent

Kindly advice