How to get stay order for visitation rights

saleem javid (Querist) 29 December 2012 This query is : Resolved
Child custody filed by mother for 2 sons 14 and 12 yrs after abandoning the children. Elder son is in 10th. Mother is seeking visitation rights pending child custody. Children not willing to meet her. Can father file for STAY ORDER until the 10th exams get over in Mar/April which is crucial year and there is every chance he can fail in the exams as it will affect his mind? Judge interviewed the children once and they told him they cannot leave their father. Please advise. Next hearing in mid january.

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prabhakar singh (Expert) 29 December 2012
No separate case of stay is required.Nor one can be filed.When children has been interviewed by the judge should be persuaded by arguments to reject mother's application showing the fact that it may cause damage to their future educational carrier.

saleem javid (Querist) 29 December 2012
Thanks Mr. Prabhakar. She filed IA for visitation 10 days back which i could not attend as the half yearly exams were going on and she got exparte for visitation for 2 days which was yesterday and day before. She waited from 10 to 5pm on both the days and sent msgs to children to come but children replied back they cannot come as they are preparing for exams continuing from 2nd jan. Will she file contempt of court proceedings and will there by any charges against the father especially when the children are completely not willing to meet her?

prabhakar singh (Expert) 29 December 2012
In a situation like one stated by you father can not be charged with contempt more specially when children replied her message denying to visit her on the ground of their exams.Keep this evidence safe and saved.In any such situation children may be again produced before the court for confirming sms that exchanged between with the mother.