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Surya (Manager)     16 January 2021

Wife not following child visitation order

Hi, I've filed for child visitation rights in my divorce proceedings and finally got the order after 6 years. Wife not following orders and not showing the child through video on weekends as per the order. When we filed the contempt of court (Civil Contempt), judge returned it saying district court (Judge who passed the order) didn't have jurisdiction and asking to go to high court. Please provide the details if any one has experienced this kind of situation (Judge who passed the order couldn't do anything if that order was not followed ). Do we always have to go to high court for civil contempt? Thanks in advance!!


 2 Replies

Kevin Moses Paul   16 January 2021

You’re situation here is tensed and clarifies two things – firstly, the court order regarding visiting the child is not been followed up and secondly, that you’re the Non-Custodial parent while you’re wife is the Custodial parent. If the custodial parent withholds visitation occasionally and does not follow the visitation schedule that is written in the agreement or order, visitation time can and should be made up. Specific make-up dates can be scheduled between the parents. Non-custodial parents should keep track of the dates and times of missed visitation in a calendar, written journal, or electronic document. If the custodial parent will not schedule make-up dates, the non-custodial parent can take other measures. Other measures, however, should never include withholding child support or resorting to self-help. Now following steps are needed to be taken as your wife isn’t following up the court’s order are – 1. Contact your local police department and ask them to enforce the order. 2. File an action for “contempt” with the court. In contempt actions, you ask the court to enforce the order and make a finding that the other parent wilfully disobeyed the court order. This is very complicated and can have serious consequences. This is because, you need to showcase that the court order has not been followed. 3. File an action for ‘execution’ for the court order that stated the guidelines of the Child Visitation. In case you have to go back to court, you should keep accurate records of all visitation violations. Make sure that you keep a journal (or mark up a calendar), with all the dates and times, when your wife (being the Custodial Parent) did not followed the court order due to which you’re unable to see your child. Down below is the link of a matter related to ‘Contempt in temporary child Visitation'. order-496086.asp

Have a Heart Foundation (Sales & Mktng)     02 February 2021

A Survey is being conducted for Reforms in functioning of Family Courts in India.

Separated Parents in Child Custody / Visitation disputes are requested to participate and fill the form in link below.

Our Children Deserve Better

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