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MeelanMitra (Supervisor)     28 August 2012

Child custody - visitation rights - disobedience by child

If the parent has the visitation right through the High Court but the custodial parent is not following with the pretext that the child is not willing to go (as tutored by him/her) and the custodial parent says that he/she is indeed (merely just to show) interested in sending/allowing the child for visitation rights but the child himself/herself doesn't want to go? What to do in such cases? What if the child is around 14 years old? How to prove the court that the child is just acting when in Court (when interviewed) based on the custodial parents instructions? But the child does enjoy the company in the vacation (when bought through some deterrent factor) when he/she is with the Non-Custodial Parent and has no grievances but enjoy with the Non Custodial Parent.



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 6 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     28 August 2012

It is apparent that the child is tutored and brain washed, as long as court's order stands - the custodial parent can't resort to such things. The Other parent should initiate contempt proceedings. If the child is not interersted in meeting the other parent anymore then the custodial parent should go for modification of court's order but cant deny it on his own

1 Like

MRRpersonality (Knows very little about Indian laws)     28 August 2012

Bharat sir has the right advise for you.  Please approach the court.  Any child old enough can not be forced into visiting or staying with someone he/she does not want to, however this needs to be represented to the court via revision.  Well, this is one big problem of our parenting and legal system where a joint custody agreements are not a regular norm.   The child and the parents need to feel lot more secure about the legal system and themselves as well.   With no exception, every non-custodial parents wants to deny access to the child to the other parent for fear of brain-washing the child during the visitation.  Well it happens all the time too.    When the basic element of trust is missing (which is the case in the matrimonial disputes and divorces), how does this arrangement work ?    Ultimately the child suffers.

1 Like

venkat pandurangam (Director)     29 August 2012

Bharat sir, with due respect to you please dont make the child to court again and again 

the logic is that child is old enough to know what is the best for them and they need the enviroment to have peace and right to live happily with any one they like

there is no clause of brain washing 

Calling the child to the court again and again only an harasement to the child which is not acceptable tothe child

1 Like

MeelanMitra (Supervisor)     29 August 2012

Thanks for the reply.

But the question is how to convince the court that the child is just acting (to be adamant and not willing to go to the non custodial parent). He/She can be under some pressure  or fear [like threat or emotional blackmailing (suicide, causing injury to self or others) by custodial parent ] as the child is sure that after the visitation rights he has to go back and face the custodial parent. The child is also aware that since the visitation right of the non custodial parent is of very very small period (for few hours) as compared to the custodial parent's custody period and is behaving accordingly.

The child when with the non custodial parent enjoys the company of the non custodial parent  in the longer period like vacation (few days) (when neither the custodial parent is around nor any person who reports to the custodial parent about his good times with the non custodial parent) and does not have any greivances against non custodial parent. The child also says that he/she has to show resistance just to show the custodial parent that he/she is not willing to go to the non custodial parent.

How to convince the court that the custodial parent has to persuade the child to go to the non custodial parent. Can a penalty be levied on the custodial parent for not persuing the child or not sending the child. The  custodial parent is just showing that as per the law he/she is doing  best  to send the child but in fact is using the trump card (child is not willing to go)? In such cases can the contempt proceedings stand a chance?

MRRpersonality (Knows very little about Indian laws)     29 August 2012

@Author, the only method that works is to build the trust relationship, if you want a long lasting relationship with your son.  Convince for brief or short supervised visitations so that you can make a beginning.   The child is old enough to make his own decisions, and believe me adults of 40 year olds can get utterly influenced by their parents.   It is hard to prove such averments. You also have to look for his 18+ years as well in mind.

MeelanMitra (Supervisor)     30 August 2012

I was expecting some answers from the experts in this forum. The reply may be positive or negative to me, but I am rather disappointed with the response in my second query which is related to the first query. Only one person has replied. My sincere thanks to him.


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