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nik yadav (Secretary)     09 November 2011

Child visitation rights with out court order

Child custody case is running in family court since 2008.My wife had admitted the case demanding... 1)Temperory Child custody 2)Visitation rights 3)Final custody Court did not granted her demand of Point 1& 2.The case is at final stage of an order. Can she come at our home to meet the child without any court order ?



Learning

 5 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     09 November 2011

Repeated query.

 

My suggestion is not to stop wife from visiting the child.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Tajobsindia (Senior Partner )     09 November 2011

1. I agree to Shonee

K.P.Satish Kumar (Advocate)     09 November 2011

Final custody is depends of the child welfare. You should prove your case that the child growing under the care of your wife is harmful to its life.

K.P.Satish Kumar M.L.

Advocate: 9962999008

nik yadav (Secretary)     10 November 2011

Dear Shonee Kapoor Sir,

I know everything.But after 5.0 years seperation she had never visited or took no one chance to take care of child.Child custody case was admitted by her after 3.0 yeras of seperation.Child is become tool to fight with us.

My question is with legal aspect,Is it possible for her to come at our home without court permission to meet the child?

Tajobsindia (Senior Partner )     10 November 2011

@ Author

Here are two insights; the FIRST insight is why I agreed to Shonee's crisp answer on handling child visitations related 'future issues' and there was a reason why I agreed to him and it is two pronged - ONE that you as a 'certified guardian' of child is destined to bring child neutraly towards both parents till child comes to a reasoning age (i.e. probable interview before Judge) and TWO the moment you create hurdles such as her attempt without a court order to visit child her so called allegations of 'no access to child' done by you all these years read with "welfare of child principles' comes as material evidence which is against the very principles of 'best interest / welfare of child' and behind this views may be Shonee may have his own indipendent views but these were just mine.


Flip above and the SECOND insight is directly based on your aprehensive que. offcourse put to Shonee whose answer as per my perceptions rests in a fable and give yourself time to read it down to find yourself the best answer as no lawyer can tell you the right answer. So here is the reproduction of the fable based on your second que. before us;


"THE ARAB AND HIS CAMEL"

ONE cold night, as an Arab sat in his tent, a Camel thrust the flap of the tent aside, and looked in.

"I pray thee, master," he said, "let me put my head within the tent, for it is cold without."

"By all means, and welcome," said the Arab; and the Camel stretched his head into the tent.

"If I might but warm my neck, also," he said, presently.

"Put your neck inside," said the Arab. Soon the Camel, who had been turning his head from side to side, said again:-

"It will take but little more room if I put my fore legs within the tent. It is difficult standing without."

"You may also put your fore legs within," said the Arab, moving a little to make room, for the tent was very small.

"May I not stand wholly within?" asked the Camel, finally. "I keep the tent open by standing as I do."

"Yes, yes," said the Arab. "I will have pity on you as well as on myself. Come wholly inside."

So the Camel came forward and crowded into the tent. But the tent was too small for both.

"I think," said the Camel, "that there is not room for both of us here. It will be best for you to stand outside, as you are the smaller; there will then be room enough for me."

And with that he pushed the Arab a little, who made haste to get outside the tent.

"It is a wise rule to resist the beginnings of evil." 
from
The Book of Fables and Folk Stories by Horace E. Scudder


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