In Child Custody and Visitations Cases it is often observed that the issues are not rightly framed.The following issues needs to be framed or insisted upon in the interest and welfare of the children.
Framing Issues by Courts to Determine Paramount Interest of the Children
In Custody matters during the framing of Issues itself Trial / Family Courts must consider.
(1) Whether the custodial parent has taken all reasonable steps to ensure that the children maintain a healthy relationship with their non-custodial parent.
(2) If the custodial parent has not taken all reasonable steps to ensure that the children maintain a healthy relationship with their non-custodial parent:
(i) has this failure to do so been deliberate; and
(ii) has custodial parent actively sought to undermine the children's relationship with their non-custodial parent ?
If yes, then why custody should not be shifted or given to a parent who ensures child love and affection of both parents by giving uniterrupted and smooth access to the other parent.
Kindly request your lawyers to frame the issues on the above points in Child Custody / Visitation Cases.
