Dear Lawyers:
I've been fighting a divorce case for more than 4 years now. I wish to understand the possibilities for child access. My ex's parents and brother are very abusive both verbally and physically especially my ex father-in-law. He abuses his own mentally challegend son who is the eldest of his four sons in the family. And he abuses him both verbally and physically. And he looks fown upon women in his family. He ill-treats his wife too. So, it's a very abusive and emotionally unstable enviornment at their home and my ex lives with them.
My ex has filed for child access during my son's vaction, and he is only 4.5 years old. I argued with his lawyer and expressed my concerns before the judge. I told the judge that I am not against child access but that how can I send my 4.5 years old son to an emotionally unstable and abusive enviornemnt. And my son hasn't met his them except for my ex and his mother. My son meets my ex because he knows I am out waiting at the child access center in the court. This would be absolutely traumatic for my son to be away from me for such long hours. Moreover, my son has a sleep condition wherein he must get his afternoon nap or he wakes up shivering and crying inconsalbly in the middle of night. He does not recognize where he is and even though I am holding him and consoling him he cries out loud asking for me.
Despite of all this, the judge ruled out against it. And said I am not following the orders. I have told that am not aganist child access but only that I cannot send my sone to an emotionally unstable and abusive enviornment. But the court has completely misjudged and misunderstood a mother's intention of the well-being of the child. So, I plan to appeal at HC. Please guide and advise me. It's a genuine concern.
Thank you for your time and attention. I value it.
Regards,
Kavita
