Non adherence to court order of access
xxx
(Querist) 16 April 2012
This query is : Resolved
As per the Hon Family Court's (Bandra) order, my husband is allowed access to my 3 year old son for 2 hours where he can take the child out for 2 hours. I ensure that I give the access as per the stipulated order. However, my husband does not bring the child back as per the court order giving some lame excuses. My lawyer has already initiated a notice to his lawyer highlighting this. However, that has not helped.
I wish to ask you that, "Should I also avoid giving access to my son giving some lame excuses ?"
I do not want to approach court as the child is with me and the access is given to him and he should ensure to follow the court order. In case if he approaches the court for me not giving the access, me and my lawyer can highlight the notice sent to his lawyer.
Deepak Nair
(Expert) 16 April 2012
No remedy will be available if you dont take action through proper channel.
If you stop giving access to him, then he will approach the court.
Shonee Kapoor
(Expert) 16 April 2012
Ask him to sign the time when he takes the child with the time when he has to bring the child back.
Keep a record and then approach court again for firming up the order.
Also, what is the harm if the child stays a little time more with the father.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 16 April 2012
I have also similar opinion as of the experts.