Anticipated action by family court
xxx
(Querist) 16 July 2012
This query is : Resolved
As per Family court order, access is granted to my 5 year old son's access is given to his father once a week.
From last few months, my son is refusing to go to his father completely. I ensure to take him for access on the stipulated days but my son refuses to go to him.
My son has even told him many times that he does not want to go to him but my husband forcefully tries to take the child for access. This even further scares the child and day by day, he has become more firm that he does not want to go to him.
I have already made an application to the Court highlighting this.
The question that I want to ask ---
1. Will my 5 year old son's opinion counted and if he does not want to go for access, will access be stopped?
2. Will Family Court suggest to go for counselling of 5 year old child so that the access will be continued?
3. Will Family court ask to continue the access and will ask to go for forcefull access even if the child is not willing to go and is able to express by himself.
4. Will Court try some other ways and means like having access in the court premises so as to have supervised access but the court timings are not suitable for my son due to his school and also the inconvenience of travelling to the child.
ajay sethi
(Expert) 16 July 2012
father cnanot be denied visitation rights . if however son does not want to meet father draw attention of court to said fact . court may pass apporpriate orders after hearing the father .
Adv.R.P.Chugh
(Expert) 16 July 2012
The Court under such circumstances where child is not old enough to make an intelligent preference, won't exactly deny visitation rights altogether, but it may try to interview the child, the court would also get on the watch whether there is any tutoring of the child etc. If there is none, the father's visitation rights may be curtailed or modified where his visitation is enjoyed in your presence only
