Court insensitive to child's welfare

Engage a good advocate and go for an appeal raising your grievances.

@ Chandrasekhar- Thank you for responding. By appeal do you mean moving to high court?

Most of the custodial parent come with these reasons or more worst reasons to deny / deprive access to the non-custodial parent.

 

what would  you say, had you been a non-custodial parent and the child had been in the custody of your husband?

 

It is the right of the child to have independent relationship with the non-custodial parent and their family members and to have uninterfered , smooth and peaceful access free from the intimidating or manipulative ways of the custodial parent.

 

Once in 15 days access of 2 hrs means in whole year child gets to meet Non-Custodial Parent only for JUST 48 hrs.. how will a Bond between a Non-Custodial Parent and the Child Develop ???

 

Besides, some access would not be given nor substituted, child will be tutored / brain washed.. or the custodial parent will indulge in creative litigation to deny access.

 

This will ultimate result in seriously affecting the Overall Growth and Development of the Child. 

 

It is better to encourage and let the child enjoy Fatherhood to the fullest the way child enjoys Motherhood.

@suresh: thank you for your response. I do understand the negative effects of single parenthood on the child and I am by no means trying to make up stories or deny access. Kid has been with his father 20 days at a stretch with orders of high court which later realizes that the child is getting affected. All I am trying to convince the lower court judge is to start this vacation temporary process slowly and gradually increase visitation hours. What is the rush ? In all this ego battle it's ultimately the child that is getting affected. I am a doctor and know child psychology. I can do anything for his good. But I am not getting same response from my husband. It's winning and loosing for him. Please advice me how to convince court to not rush for a long temporary custody ? Please HELP

Firstly, Courts are aware of the facts.

 

The entire process of court starts with giving access at children complex room usually on 1st & 3rd Saturdays under supervision of counsellors and thereafter Court starts giving access outside and ultimately gives overnight and vacation access.

 

whats so hurry ?? is again a  standard statement of the custodial parents. They tutor and brainwash the child to a large extent. Thereafter, deny / deprive access and indulge in litigation.

 

The child under the influence of custodial parent is then called for Interview. Most  of the children under undue influence of custodial parent state that they do not want to meet or see the face of the non-custodial parent. (this is likely to or may happen in your matter too).

 

Courts do not just grant access for the convenience of the parents... Access is for the child and It is the Right of the child whereby parental interference should be avoided.

 

Since you are a Doctor you can easily counsel the child and convince him to go with the father and help in re-establishing the relationship independently.

 

If you are not able to counsel or convince a 4 year old child, It is likely that the child will not be in your control nor of his father when he grows up. He may end up being a Rebel or Manipulate both parents to get his things done his way. Parents will end up being a loser due to their fights.

 

 

@Suresh . Thanks for your response. I agree with you about courts point of view . U said exactly what I want to tell court. Start with outing and increase time to bond and then give overnight . Fortunately I am not a mother that believes in brain washing my child . I am only seeking help here to give me points to tell court to increase gradually . Even a small plant from a pot is transferred with some old mud in roots to maintain stability and life. I posted here for help. But I think there are husbands here who have been tortured by their wives. And if that is true consider me on your side coz I am playing the tortured husband part in my case. NGOs are against me and I have been alleged with violence and cruelty . I will appreciate any feedback here . Thanks

@Suresh . Thanks for your response. I agree with you about courts point of view . U said exactly what I want to tell court. Start with outing and increase time to bond and then give overnight . Fortunately I am not a mother that believes in brain washing my child . I am only seeking help here to give me points to tell court to increase gradually . Even a small plant from a pot is transferred with some old mud in roots to maintain stability and life. I posted here for help. But I think there are husbands here who have been tortured by their wives. And if that is true consider me on your side coz I am playing the tortured husband part in my case. NGOs are against me and I have been alleged with violence and cruelty . I will appreciate any feedback here . Thanks

Somebody reply please !!!

 

1.Just persuade the court that  the Child is 4 years old only and at such tender age of the child, lap of the Mother can not be replaced by any one in this planet, as long as you act as a responsible Mother to the child.

2.Persuade the Court that you can give your best to the child welfare and interest and look after him properly as a Mother.

3.Persuade the Court that considering the tender age of the child it will not be in the welfare and interest of the child to give away the child temporarily  to the father and in law, and that pray for their visiting  rights where you are living, as temporary custody may also result in abduction of the child, which will create more problems for all of you.

4.Persuade the court that you are ready tofather's visiting rights and as the child grows up, you are ready to accept and respect  the wish of the Child for his custody.

@assumi- thank you so much for replying positively . My problem is this judge has already assumed that I am brain washing my kid. He is not ready to listen or read my proposal. All I am requesting is increase visitation time gradually. I am ready for daily access if that can help my child. He stops me before I can complete my sentence . What should I do? Where to report? Where to seek help? My lawyer right now is useless . I am seeking for a new lawyer too.

You can try your chances in appeal in High Court.  The orders those emanate in custody cases are purely subjective based on discretionary power of courts, despite certain principles have been laid down by the Apex Courts and State High Courts.  So, if you find injustice in the trial court order, you go for an appeal.