Nandha (NIL) 26 March 2013

Child custody battle

Dear Experts,

If father applies for Child Custody of his 2 year old son and court awards only visitation rights, some queries arise:

In Which jurisdiction the child is brought to see the father?

Which place (court, PS or any other place) will be stated as meeting place?

How many days in a week or dates are given to the father or to meet the child?

How many hours the child is allowed to be with the father?

Can the father take out the child to different place and bring back within the stipulated time?

What if wife does not turn up with the kid on the specified date?

What if wife does not turn up with the kind for many dates just to emotionally harass the husband?

If wife is not cooperating for the visits, can husband complain to the court and what are the procedures?

What are the valid reasons that wife should have for not showing the kid to the husband?

Any other methods followed by wife to emotionally harass husband without showing the kid to him.

Please share your inputs,

thanks

Reply Follow

7 Replies

Manish Udar (www.Mehnat.IN) 26 March 2013

This is a good area for endless litigation.

www.mehnat.in

Adv Archana Deshmukh (Practicing Advocate) 26 March 2013

In Which jurisdiction the child is brought to see the father?

Which place (court, PS or any other place) will be stated as meeting place?

* The suitable place which will be convinient to both the parties is decided by the court in consultation with the both the parties and their advocates. It can be the court or even be the school of the child or some relatives house or anywhere the court feels propers considering the facts of the case.

How many days in a week or dates are given to the father or to meet the child?

* It is the descretion of the court

How many hours the child is allowed to be with the father?

* It is the descretion of the court

Can the father take out the child to different place and bring back within the stipulated time?

* Depends upon what is mentioned in the order

What if wife does not turn up with the kid on the specified date?

* The husband can file for contempt

stanley (Freedom) 26 March 2013

@ author .

For a two year old son you would not get custody but visitation .

well predicted by you that your wife may not turn up with the kid as per the order and would keep giving excuses like child is sick and on another day she is sick and than would state when contempt proceedings start would state that the child does not want to see the father all these games are played .

And its endless litigation and by the time your case even gets concluded the child would be a major :-) .

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 26 March 2013

Agree with Adv. Archana

Anudeep Bedi (AM) 26 March 2013

Dear Friend,

File the case ASAP without wasting any further time. Visitation rights/custody can be granted only after filing the case. Your queries can be answered side by side but fiel the case at once along with the application of visitiation Rights and Interim Custody.

Anudeep Bedi

9911149509