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Mohd. Khalid Faridi (Ministerial Staff)     26 July 2010

Child Custody

My sister is contesting a custody case of his minor son of 11 yrs. Now, the counsel of o.p. is pressing for a compromise and an order based on such compromise is expected shortly wherein it is expected that court will allow visitation. But, my sister is fearing that her in laws will influence the child and the child may go against her. I want to ask whether any appeal can be filed against an interlocutory order or after this order her in laws can file any appeal/writ for permanent custody of the child after influencing him.


Learning

 5 Replies


(Guest)

1. In Child custody cases the procedure of courts is to amicably settle the differences of PARENTS FIRST so that welfare of the child is not much disturbed during the course of custody contest. That is why Courts offer of compromise between parties and for the same visitation granting to other parent is major relief so to speak during pendency of final custody Orders. In this brief the compromise is agreed upon so to speak (looks like by your sister) so she should not worry on visitation much at this stage as it will be granted.

2. Concerning her worries on influencing the child by custodial parent / grandparents it is bound to be inferenced so by a parent who is having the initial custody of a child in dispute. The pleasing answer at this stage is difficult to give because it is suggested that she should actually first enjoy the visitation interaction of her child then with evidences of tutoring in due course of visitation interaction she may appraise the concerned Court of her aprehensions but she may also see the “welfare of the child” too at the end of the day.

3. Under “change of circumstances” visitation and or custody arrangements can either undergo revision and if not satisfied with outcome then appeal. But change of circumstances nature wise should be grave based on welfare of child so to speak then Court may order accordingly in favor of one “wise parent” out of two warring parents of the child in question.

Rgds.

G. ARAVINTHAN (Legal Consultant / Solicitor)     27 July 2010

after passing of the order in the I A for visitation rights, you can prefer appeal if the order against you

G. ARAVINTHAN (Legal Consultant / Solicitor)     27 July 2010

yes appeal not allowed when compromised as settled out of court 


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