My minor son's custody battle

If you displease him too much he will ensure you will lose your case.  Then loss of personal reputation is not a problem for him.  People approaching lawyers for justice are "caged consumers".

Dear Sir,

          Please reply to my query whether moving HC will solve my problem and what if they reject the Interim Shift of Custody Application........than do I come back again to Family court?

Again do the opposite party has to be present for the HC to pass orders in my favour........if they are not present and their Lawyer is present will it work for me.

Regards,

Sameer Desai

Dear Sir/Madam,

          Please reply to my queries :- 

• Moving HC for interim custody is better than family court.
• Does the opposite party has to be present for the HC to pass interim custody order.
• What happens if the HC rejects the Interim custody application.
• What happens to my previous applications in the family court.
• In my case what strong point I need to mention for Interim custody orders to be passed in my favour.
• How along (hearings) does it take in the HC to pass such orders.

PLEASE HELP.

Regards,

Originally posted by : chandrasekhar.7203@ gmail.com,
	How dare you tell a lawyer what to do?  A lawyer is like a God.  You should not win him by knowing law.  You can only win his mercy by pleading ignorance of law.  You have to do the "penance of ignorance" till he/she helps the court delivers justice to you.  Penance of ignorance includes deliberate avoidance of knowing about law.  Keep your eyes and ears closed whenever you get opportunity to know law.  Keep your mouth closed whenever you have something to say anything about law.  Always plead ignorance and stand before them like a school boy.   It is bread and butter for them.

ROTFL 

Stop this Nonsense of elevating Lawyers as Gods Mr  Chandrasekar.  Than every case would have been Won but you see one winning and the other losing .You seem to be living in the stone age . Knowledge is better than Ignorance and you want people to be ignorant by not knowing about law . 

What do you mean how dare you tell a lawyer what to do .When fees are being paid to him he has to work accordingly . Pull up your socks and see reality . 

Dear Sir/Madam,

          Please reply to my queries :- 

Moving HC for interim custody is better than family court.

• Does the opposite party has to be present for the HC to pass interim custody order.
•  
• What happens if the HC rejects the Interim custody application.
•  
• What happens to my previous applications in the family court.
•  
• In my case what strong point I need to mention in the Interim custody orders to be passed in my favour.

His school has already started so will the HC take into consideration that point.

• How along (hearings) does it take in the HC to pass such orders.
•  

PLEASE HELP so that I can pass the suggestion to my Lawyer.

Regards,

Dear Sir/Madam,

          Please advise if we move for Interim Custody in the HC than will the Judge call the my son for interview. On what basis will it decide the Interim Custody order? 

If Interim Custody not granted will it grant me proper access on week days or week ends?

This week end also when I met my son he was just not prepared to go to his grand parents place. But I had no option and had to leave him. He was very much nervous. I have also recorded a video of him saying that he does not want to go back to their place. He is now saying that he wants to go to a school near my place.

God knows his condition with his grand parents. Seems a be a difficult case for nature father.

Some one please respond to my queries.

Regards,

Sameer Desai

File for interim custody in the Family court first, if the family court rejects your application then, challange the order in the high court.

^ ^ ^

Agree with Adv Archana ji

Dear Sir/Madam,

• If we move HC will there be arguments in the court before they pass/reject interim access?
• Will the Judge call my son in his chamber to ask for his preference?
• What do I mention in the interim application any other prayers incase interim access application is not passed.
• Will my existing orders (second & fourth sundays) can be modified in the HC.
• Will the Judge interview me? Any relevant things which I need to speak in front of the Judge?

Awaiting for your reply.

Regards,

We have a main petition which my lawyer says that we will continue with. The main custody petition has the other access prayers like.......50% vacation access....bank holidays......weekend access etc.

My lawyer is against filing for interim petition as he/she says that once we file that our main petition will remain aside.

Right now i am having access only on Sundays for 3 hours only. Since I want more access to my son We are in process of pressing the main petition which contains all other prayers.

But the respondents have not attended the court for the last three hearings on medical grounds.

The last date was 18/07/2013 and now we have taken a short date on 05/08/2013. We have told their lawyer that in case they (respondents) do not turn up their lawyer will have to argue the case. 

The respondents are missing the hearing so that I do not get more access to my son.

My lawyer is against the interim application so .........what do the experts suggest under these circumstances.

Regards,

·       I am fighting my sons’ custody against my in-laws as mentioned in my previous correspondence.

·       I feel my case is pretty strong as my wife expired after divorce (she was having permanent custody and did not have any rights as I had given up my rights) and my father-in-law is handicap and my mother-in-law is not fit enough to care of my sons’ growing + she is just sixth pass.

·       Now I can fight on the basis of change of circumstances (hope I am right) as she (wife) is no more.

·     As the case proceeds from Nov-2012 till date – I slowly got access from only Sundays – 10.00 to 1.00 pm than on overnight access from Friday to Sunday every alternate weekend. 25% access on all vacations + I also took him with me to my native place during September (Ganesh Festival) with court permission. I also have access to his school. (Bonding with my son is simply great and he is ready to speak in front of the Judge that he only wants to stay with his father) MIND YOU IS ONLY 5 YEARS OLD BUT VERY SMART. When the family court Judge met him in her chamber only for a few minutes, she said the same thing. (for the weekend access)

·         Every time he is stays with me on weekends, he tells me that daddy I do not want to go back to his maternal grandparents place. But with a heavy hearth I have to obey the court orders.

·       He hates to go back and stay with them. It was not easy for me to have that kind of Bonding with my son. He gets unconditional love and the best of the things from his father which the other party cannot give which has given me an upper hand. They are desperately tutoring my son against me but it has all gone for a toss. As you sow, so you reap.

·    Till August-2013 we were getting dates one month or month and half month apart. But after August-2013, the next date was given on 17/10/2013, than it was 03/01/2014, now it is even worst to 29/04/2014.

·      At this rate how do we proceed with the case? My son desperately wants to stay with me but cant’ do anything without the court orders.

·      When I tell my Lawyer he/she says it is the High Court directive to the family court to expedite older cases and hence we will get longer date. My lawyer says that he/she cannot open her mouth in front of the Judge. Is my lawyer right or fooling me?

·      Can someone guide me what can be done to expedite the case? If we go by the current trend than in 2014 we shall hardly get one/two hearing which is not going to help us.

·    What kind of petition can be moved to get an early date? My lawyer says only if the opposite party defaults the current access terms than we can move a petition and asking the court for a short date.

·     My son is in Sr JG and in June he will go first STD. I am also very well prepared to face the Judge as I have examples to prove how comfortable my son is with me when he stays with us. But at this rate I do not know how long it will take for the final judgment.

·       CAN SOME ONE PLEASE GUIDE ME.? May God bless you & your family for helping me? Thanx

R

Dear Expert Members of the Lawyers club,

I would like to ask that what happens when my son comes to stay with me in the month of May for school vacation and does not return back?

As he is just not interested in going back and staying with his Maternal Grandparents.

They including my sister-in-law harasses my son a lot and so he hates to stay with them. But to some extend he know that that their is some Governing body know as ' Family Court ' which does not allow him to stay permanently with his father.

Worst cum worst what can happen if I keep him back and enroll him in a school better than where he was studying and for the next date get directly in front of the Judge for his statement. Will it work for me? Please guide me sir/madam What can the respondents lawyer do against me?

Regards,

Originally posted by : Sameer Desai
	Dear Expert Members of the Lawyers club, I would like to ask that what happens when my son comes to stay with me in the month of May for school vacation and does not return back? As he is just not interested in going back and staying with his Maternal Grandparents. They including my sister-in-law harasses my son a lot and so he hates to stay with them. But to some extend he know that that their is some Governing body know as ' Family Court ' which does not allow him to stay permanently with his father. Worst cum worst what can happen if I keep him back and enroll him in a school better than where he was studying and for the next date get directly in front of the Judge for his statement. Will it work for me? Please guide me sir/madam What can the respondents lawyer do against me? Regards,

Nothing will happen per se, you can try that, getting the kid to your place, but as both of you i.e. you as well as the kid's grand parents are not well mannered educated human beings, either of you will approach court surely and court will take its action, and so on so forth.  

All these matters are because of ego and an attitude which is bigger than mount Everest.  When a kid in involved, both parties have to say, "It's Ok" and let go and manage somehow the show.  Neither you have let go, nor they the grandparents who have lost daughter want to let go the grandchild.  In all this the mental balance of the kid will surely be torn.

I would suggest a talk to the grandparents approach and do all this in a decent fashion.  But as you people have been roaming to court halls, am sure any advice would fall deaf on both of your ears.

Still, find a middle way, the kid is very small, like this you will be roaming to courts till the kid turns 18, alas such advises could be followed and understood by humans not animals.

Good luck.