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bon (AM)     04 December 2013

Child custody terms

Dear Experts,

I Need your URGENT help . I have a peculiar case wherein wife took the child & sued. The 2 following orders on child access etc went totally against her & i  (father of child) got 50% custody. The following finalised draft  has put me at unease since we are ready to let her (wife) have child custody provided I as Father  NEED to have say in his Edu,Medical & other activities.  since its already signed in front of marriage counsellor.

Final draft :  "The Wife retains the custody of the child and undertakes to support joint decisions with the Respondent on major events that carry a certain inherent risk of injury to the life or well being of the said minor son and in view of the same undertakes to keep the Respondent promptly informed on all major events relating to educational, medical or the enrolment of child in activities."

Pl guide if the intrepretation covers the JOINT Decision on all three - Edu,Medical & other activities

Rgds



Learning

 1 Replies

Pooja Hegde R. (Advocate)     04 December 2013

1. In the original draft change 'to support joint decisions' with 'to take joint decisions' 2.In final draft I dont like the line 'respondent promptly informed' becauase it sounds like the father will merely be informed about such decisions. 3. I like original draft with the change I have mentioned in Point 1 but this is solely in my opinion because I like extreme clarity on all legal docs without the slightest scope for unfavorable interpretation.

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