IN the case of Divorce by MUTUAL CONSENT: The applicant(Father) and co applicant(Mother) have both agreed that custody of the child will be with the mother - and further in case of death of the mother, that the child will be in the custody of the mothers family (consisting of her brother,sis father) and that the applicant will have no rights over the child.
But, the advocate of the Applicant has drafted the Divorce application and the following clause in inserted:
In case of the death of the Co-applicant Mrs. Judy D'souza (Mother) after the divorce is final, the parties agree that custody of the child Kay Dsouza shall be with the Father of the Co-applicant namely Mr. Tony Fernandes.
My question is Question:
Therefater...in case of death of Mr. Tony also, will the Father of the child have the right to claim custody of the child???? Is it better that the above clause is reworded to claarly state the following - " In case of the death of the Co-applicant Mrs. Judy D'souza after the divorce is final, the parties agree that the child Kay Dsouza will be in the custody of the co-applicant's family namely: either her brother, sisters or father and the applicant will have no rights over the child."
Appreciate your opinion and suggestions please.
Thank you.
