xpressjunction (Site engineer) 17 November 2014

Question regarding child visitation

Dear All,

A year back Child Visitation was awarded for 1^st and 3^rd Saturdays and Sundays. .

The lady brought the child to the visitation center for first 6 months on saturdays.

Visitation center is not open on Sundays in Chennai.

Now, the lady is not bringing the kid to the child visitation center for the last 3 months giving excuse that there is school for the kid on Saturdays.

The child is 6 year old boy.

Can I file a petition asking to take the child to my home during the visitation hours?

And if Saturday is not convenient, then can I ask to take the child home on Sundays.

Should I file this petition in High court or family court?

Can I visit the kid at his school or should I avoid going to school now as there is a DV case in progress against me (argument stage) and the lady has asked for restraining order?

Thanks

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3 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 17 November 2014

File application to the same court, don't try to meet child anywhere else apart from courts order .... Kapil chandna adv, 9899011450

Adv. Chandrasekhar (Advocate) 17 November 2014

File the application, where earlier visitation rights were granted explaining the change of circumstance and seeking alternative methods for visitation rights. Further, also ask keeping the child in summer vacation with you. If you want to meet the child in school lunch hours, ask the court specifically the permission and without permission do not visit the school to ward off any undesirable cases against you.

T. Kalaiselvan, Advocate (Advocate) 18 November 2014

If the wife is avoiding to bring the child to the visitation centre on some flimsy reason, you may make representation before the court giving the details and also with suggestions for alternatives. The court after hearing both sides will decide about permitting the reschedule of child visits accordingly. take the help of your lawyer to suitable presentations before the court in accordance to the developed/changed situation.