LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

amit   08 November 2016

International - wife refusing visitation

Dear friends,

I live in USA, I got divorced with my wife early this year who lives with our son (6 years) in Ahmedabad, India. We got divorced through court, whereby I paid lump sum Rs 29 lakhs alimony for son and wife. The Ahmedabad family court granted me 7 days visitation (4 + 3 days twice a year) from 11 am to 6 pm in presence of my wife.

I called my wife in September to inform her that I plan to visit our son for 4 days on November, but she didn’t pick up the phone. I left a message with her relatives to inform her, so I think she has got the message, but now no one is picking up my phone. After she left me without informing me 3 years ago, she has never allowed me to talk to my son, I could hardly meet him 2 times during my 2 visit to India. My ex-wife does not want to allow me to meet our son.

I called my ex-lawyer, he advised me to send her a registered mail informing her about my visit and tell her if she doesn’t allow visitation I will go to police and court. I am doing that, as well as I am emailing her about my visit. But I dont think she is going to care to respond.

I am going to India specifically to meet my son for a short time. I want to ensure I am able to meet him for the maximum time allotted to me.

Please advice what I should do.

Thank you

Amit



Learning

 6 Replies


(Guest)
Why simply bother yourself regarding meeting son? Family etc proper means all should be in order. You guys having kid got divorced that itself big shame. Now visitation rights execution. You can try n meet son, but if she doesn't cooperate then again go court. I suggest you better shift back India. All these can't be sorted out sitting there. What your lawyer does or not even God can't make out. Point is, unending litigation for life. Better forget kid. Remarriage is an option. Adoption too. Surrogate mother is best option.

amit   08 November 2016

Dear Gyan Prakash,

I didn't want divorce, anyways no point discussing past. I want to meet my son for him, not for me. Why forget the kid? I know the court verdicts favor women more, but cant it even ensure a simple visitation right for the father.


(Guest)
Amit, No other go other than going for appeal. Its a fight which won't end. Now visitation rights. Next property cases. Reason behind suggesting letting go kid is, distance involved n peace of mind. Anyway all lose, nobody wins in matrimonial matters.

(Guest)
Amit, No other go other than going for appeal. Its a fight which won't end. Now visitation rights. Next property cases. Reason behind suggesting letting go kid is, distance involved n peace of mind. Anyway all lose, nobody wins in matrimonial matters.

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     08 November 2016

Try to do what your counsel is suggesting so that fructify the visitation with your son. And also ask your advocate to move proper application in the same court where visitation rights were granted to fix the exact dates (those are convenient to you and also won't disturb your child's studies)in the calendar year, so that you can avoid the harassment which you have been facing to communicate with your ex about your visitation and her dodging attempts. The fixed dates in a year would make both of you confortable. If your wife is amenable, instead of going to court, you both can come to an agreement, a written one, regarding fixing the visitation dates. But if you are unsure, then approach the court through your advocate.

(Guest)

Amit: Unfortunate truth is, you have to choose between your son and USA. If son is more important to you, come down forever or at least for a few years. Hopefully you have saved enough to survive for a long time without working. Once you come down, file a petition under Guardians and Wards Act and ask for interim visitation rights. She'll be scared that she'll lose custody, and so she will certainly abide by the visitation orders. 

Once you establish a bonding with your son, then you can straighten up your career, property and other priorities. Staying in USA, there is very little you can do. With the minimal visitation rights that you have, you and your son might soon get disconnected and get emotionally detached. 

So think about it. You can always earn money and career. Not your son. And I agree with you -- son needs you as much as you need your son. Think about how much he'll be hurt when other kids tease him that he doesn't know who his father is. How hurtful that innocent little heart will be looking at other kids playing with their fathers. Make a decision. Now. Only you can. I know its hard to leave a country like USA with a lucrative job, but my friend, God always provides alternatives. He is presenting you this challenge and a tough decision. Make the right choice. At least at the end you'll be happy you left everything for your son. That is 100 times more satisfying than the money you earn or the life in USA.

All the best mate,


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register