Kamal (XYZ) 09 May 2015

Child visit, late arrival of kid

We filed mutual divorce.

Mother agreed to bring kid in a neutral place second saturday and fourth sunday for three hours.

She always bring kid 30-45 minutes late and she threatened kid to come back kid early.

I dont like to make quarrel with her in this matter.

Mutual divorce hearing on June 2005 second week.

Where I can complain about late arrival of kid?

While couselling, wife was adament and was not ready to bring kid to my home for long holidays. Can I request court to allow me to bring kid to my home in school closure time?

Can I approach mediation centre to complain about kid late arrival?

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8 Replies

saravanan s (legal advisor) 10 May 2015

My advice is to stay patient till the second motion is over and then proceed over the matter

SAINATH DEVALLA (LEGAL CONSULTANT) 10 May 2015

Next hearing must have been june 2015 and not 2005 as mentioned. At this stage be a little patient, as U can submit in the court regarding the behaviour of UR wife as far as the child is concerned.

Dr J C Vashista (Advocate) 10 May 2015

File an application through your lawyer, to the court, submit all details and pray for issuance of necessary directions to the respondent/wife.

Adv k . mahesh (advocate) 11 May 2015

your query is not complete and how to give correct answer

MCD is going on and why your wife is bringing kid second and third saturday thus any case is pending under guardians and wards act where you got permission to spend with your kid without this the answer will be incomplete and about MCD if any thing is being drafted int he petition to bring the kid then you have to discuss with your wife patentiently till your divorce proceedings is completed and if any thing is violeted then you can complain to the court at the time of second motion and if you want the custody then file

Kamal (XYZ) 11 May 2015

Respected Lawyer friends,

Thank you for valuable advice.

In MCD agreement, every second saturday and fourth sunday my wife should bring kid in a childrens park in her city.

As per your opinion, I will wait till MCD process over.

Thank you again.

T. Kalaiselvan, Advocate (Advocate) 11 May 2015

Dear querist, agreement to visit the child in MCD is different from the visitation rights ordered by court in favor of the father. She can even refuse the break the agreement hence file a petition for child custody and seek visitation rights in it as an interim relief.

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Kamal (XYZ) 26 May 2015

Dear T. Kalaiselvan Sir,

Thank you for the valuable advice.