Application 4 visiting rights to chilldren during mediation

1.    Your advocate is right.

2.    You could have requested mediator on last date of hearing before accepting next date of hearing which you say is after few months for visitation of children in-between failing which request for shorter date should have been pressed instead of accepting longer date.

3.    Now your options are; via your advocate to call her advocate and request your emotions to your wife (and not directly), if she conveys her agreement to allow such meetings with minor to happen then only it may happen otherwise the last option is to go to mediator office and request for preponement of next date of mediation.  

I think I did not put it clearly. Please see if following can help you in answering more if you think so.

Next mediation date is in a few days. The case hearing date is in a couple of months.

I will request the mediator to advise wife to let me meet my children.

I will put my application if mediation ends unsuccessfully.

Originally posted by : Tajobsindia
	3.    Now your options are; via your advocate to call her advocate and request your emotions to your wife (and not directly), if she conveys her agreement to allow such meetings with minor to happen then only it may happen otherwise the last option is to go to mediator office and request for preponement of next date of mediation.

@ Tajobs .

The author of this post has stated that in-law and wife are not allowing him to meet the children hence i dont presume the above option would work ( advocate to advocate ) . Secondly if she conveys her agreement to allow such meetings to happen . I dont understand  who is she as the children belong to both the parents and they are not only her property .

The author of this post has to muster courage and in the absence of any injunction or child custody order / visitation the author can very well walk press the bell or knock knock and straight away visit his children accompained by another person may be your parents provided he has the guts along with a voice recorder or a spy cam in case she tries any tricks on you which your recording would help you as evidence in future . 

Other option is to file for custody and visitation under Gaurdians and wards act when ever the mediatation gets un -successfull .

1.    When either party puts agitation before Court using one of the sections from 9 – 13 HMA such visitation is always done based on a Court Order and not via the way you (@ Stanley) are suggesting.

2.    Mediation so far as possible should finish in maximum 90 days which is spirit behind ADR and also based on Guidelines issued to all Courts including FC in April 2013 by Hon’ble SC in a case of AP HC Sub-Registrar acrimonious Divorce litigation case that reached SC and the Hon'ble SC pointed in its large judgment wife was at fault but (penalized) the Sub-Registrar husband with 15 L as parting Alimony!. Hence this queriest can extend the mediation sittings to few more dates citing his need for carrot (child visitation) and for the same he should know the art how mediation are elasticized based on premises he needs impetus and that comes when he meets child to make mediation successful eventually.

3.    Failing which before mediation he could have used filed Application u/s 151 CPC for visitation and after failed mediation he still has option to file for same or file under  GWA.

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I read a post in this forum itself but i presume the wife was desperate for meditation .Hence husband opted that until and unless the child is brought for each and every date of the meditation process he would co-operate and the same was adhered to .