Dhawal Bhandari (ADVOCATE) 09 November 2010

Urgent help needed from experts

Dear friends i need a some help on below facts:-

ALSO i need a judgments/authority on the following things

Facts:-

There was husband, wife & girl child

Due to extra martial affairs of husband there were fights regularly

Ultimately they go for mutual divorce & they got it

Daughter custody was given to the mother

There was condition that father have some right to visit daughter & spent time with her

Problem is that when the father used to meet her daughter, he uses to feed/motivate/tutor daughter about mother bad bad things (which are false one) as such that child have become arrogant & starting abusing mother, not listening to her instruction; which otherwise she used to do so before !!!

Now i want either to restrict father from meeting her daughter

Or child may be given to either side once it for all & that party shall take all obligations for welfare of the child.

Forum members may also send me there suggestion or steps that i can take otherwise also

ALSO i need a judgments/authority on the following things

1).either to restrict father from meeting her daughter

2).child may be given to either side once it for all & that party shall take all obligations for welfare of the child.

Reply Follow

3 Replies

Jamai Of Law (propra) 09 November 2010

Child visitation rights to father is not strictly enforceable on mother who is a sole custodian as well as co-guardian.

Does Visitation right allow temporary custody also or whether it is a visitation under supervision of the custodian?

If wife has any apprehensions whatsoever she may simply deny the visitation anylonger (change in circumstances) or delay it due to many reasons which can not be questioned.

Visitation is arranged and facilitated by mother for the father of her kid, generally under her supervision, especially if it's a female kid. If mother has inconvenience in arranging that ...it is fine and acceptable..the mother can simpy say no to it..Father can't forcefully wisk away the kid forcefully without custodian's consent.

Any other relative may also prejudice the kid whoever gets in contact with the kid, so mother has to tackle this problem in that sence.

But Your sentence....

Or child may be given to either side once it for all & that party shall take all obligations for welfare of the child.

is liable to generate doubts..............................on mother after MCD is already through.

Dhawal Bhandari (ADVOCATE) 10 November 2010

Originally posted by :Jamai Of Law

1- Child visitation rights to father is not strictly enforceable on mother who is a sole custodian as well as co-guardian.

2- If wife has any apprehensions whatsoever she may simply deny the visitation any longer (change in circumstances) or delay it due to many reasons which can not be questioned.

3- Visitation is arranged and facilitated by mother for the father of her kid, generally under her supervision, especially if it's a female kid. If mother has inconvenience in arranging that ...it is fine and acceptable..the mother can simpy say no to it..Father can't forcefully wisk away the kid forcefully without custodian's consent.

some Judgements on it please on above said 3 points !!!

as many as possible

Originally posted by :Jamai Of Law
"	But Your sentence.... Or child may be given to either side once it for all & that party shall take all obligations for welfare of the child. is liable to generate doubts..............................on mother after MCD is already through.	"

yeah it was suggestion given by me to her because she said that she was frustrated with her life & as such i just suggested to her that if your daughter does not listen to you then why not send her to her dad & he will take all responsibilty.....that`s it.....

hedevil hydraheaded (non professional ) 11 November 2010

Jamai of law, are you sure about your opinion? especially in view of the judgment that has been posted today by Tajobindia titled Mom cannot stop Dad for visiting the child( something like that, you can check the thread).

Contrary to the impression that non custodial parent is all innocent, he/she may poison the child due to her his revengeful attitude towards the spouse who has custody of the child. It then becomes difficult for the custodial parent to deal with the child. It needs maturity to be civil to one another and keep some functional relationship for the healthy growth of the child. When the non custodial parent and custodial parent or either one of them, keep the hatred for each other or the other, the child is likely to be used as an instrument for hurting each other or one of the spouse.

Single parenting is tough, and on top of that if the non custodial parent uses the child just for entertaining himself /herself without an iota of respect for the custodial parent, it becomes a very challenging task. That 's why as suggested in one of the threads, establishing a healthy communication between the spouses post divorce is a must for healthy parenting for both custodial and non custodial parents.