meet (manager) 03 October 2012

Custody of childrean inbetween a domestic voilence case?

My wife left my house in my absence and after 3 months filed a case of Domestice voilence against me, with no evidence and totally a Fake case. While I am trying to convience her but she is influenced by her Parents and they are not allowing me to speak to her. I have 2 Chidren (Son -10 yrs & Daughter -4 Yrs) , I have not met them from past 6 months, once my wife went to her parents home. Neither they are allowing me to speak to my children on phone nor they are taking them to court.

I want to file a Guardian & Vard case for custody of my children , How should I go for it and what are the chances of getting my children back. What are the possibilities that my lawyer can try to stop me and importantly is there any timeline I can expect for this....

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3 Replies

stanley (Freedom) 03 October 2012

filing of false domestic violence cases is normal nowdays . File an interim application under section 21 of the domestic violence act for visitation and you would get visitation rights for your children .She cannot stop you for visitation rights whatever she does at any cost you would get visitation under supervision .

meet (manager) 03 October 2012

@Stanley - Thanks . Do I need to go at her house to meet my children or any chance court can ordered her to bring them to court/ any agreed place ? Also if got the the visitation rights than also can I file Guardian & Vard case for custody of children and as per the age of childrean , does any chance of coming both the children to me?

stanley (Freedom) 03 October 2012

your lawyer has to specify in IA and the place to which has to be agreed, the days of the week , over night custody if you want you would have to specify and the timings etc.Try to see that these are compactable with the childs school routine and the routine should not be distrubed . Go through a few old posts in custody section and you wiil get some idea .