Child visitation
Rajan Singh
(Querist) 31 October 2016
This query is : Resolved
Hello,
My sister is separated from his husband 8 years back as per court agreement my sister is taking their daughter for child visitation every Sunday for last 7 years.
At the time of divorce, his husband was in USA and as per court order it was stated then whenever he would happen to visit India child visitation would be applicable every Sunday till he stays in India.
After 1 year of divorce his husband is relocated back to India and he demanded visitation every Sunday which was carried out without break for last 7 years.
Two days back the husband called to speak to daughter and all of a sudden he become very aggressive over phone and accused my sister telling her she needs treatment , she is after his money. My sister was bit upset so she cut the phone call.
and after sometime she asked daughter to call his father and speak to him regarding the visit. But now he is not taking any calls , she tried many times for last 2 days to reach him.
Now the question is what is my sister responsibility in this regard and how she owner court order of visitation as child father not responding to any calls / messages.
The age of girl child is 13 year now and she is bit upset over whatever behavior is displayed by his father.
How do we handle this situation? Can you pls suggest ! What is the best advice My sister has no problem in taking kid for visitation as per court order provided the kid's father interaction should be limited to child interest only and he should not try to breach in privacy of my sister's life. She don't want to go into hassles of going to court and bear all pain and stress she only wants visitation to continue as long as child wants and wants to honor court order.
P. Venu
(Expert) 01 November 2016
It is not necessary that your sister needs to burden herself with the burden of arranging the visit. It is for the father to make arrangements for availing of the right granted to him.
Dr J C Vashista
(Expert) 01 November 2016
What is the meeting point of father with daughter? Take the girl to the site. Before leaving home give him (father) a call/message.
If the father do not turn up on 3-4 such meetings, stop taking the baby and inform the court for necessary modification of directions.
Rajan Singh
(Querist) 01 November 2016
My sister is required to take kid to a nearby Mall.
As per court order father needs to inform for meeting at least 2 days in advance.
Now father not taking calls so meetings cant be fixed , neither he is replying to any SMS from child.
What is child right at what age for visitation child view is taken into consideration.
If other party has stopped means of communication what is my sister obligation in above scenario?
Rajendra K Goyal
(Expert) 01 November 2016
It is the duty of father to inform, if he does not inform, no reason to bother.
If the girl do not want to visit, on her behalf court can be approached for not forcing her to visit her father.
Rajan Singh
(Querist) 01 November 2016
Rajendra sir can u pls provide u contact details to avil your services
Rajendra K Goyal
(Expert) 02 November 2016
Dear author,
you can discuss with senior local lawyer, he would prove to be of much use.
Thanks for trust.
