• Child Custody

I got married in 2004 & have 2 kids. Due to various hardships, I live separately since August 2013.My younger son is 2 years 10 months old. There is no communication between him & his father and he hasn’t seen him nor knows his name (the elder one 12 years & regularly visits him)
Now when I try for LKG school admission in private schools for my younger son, schools demand that they had faced issues from separated fathers in the past and want a legal document (since I don’t have divorce papers) to mention that the father won’t visit the son in school /represent him as his parent to cause confusion(though there is no communication between him and us). 
My husband never attempted to communicate or respond to my text message or calls even during emergencies (for matters related to his elder son)
I have conveyed the message through his relative and my elder son that legal paper is needed to proceed with school admission, it seems he had flatly refused stating,” it’s up to me to give in writing or not, what if ,when the younger son is 15/18 years old says you have gave it in writing that there is nothing between us- I don’t want you & I’ll continue to be with mother”
His ulterior motive (as conveyed to me by my elder son) is to retain both the sons with him and live separately. Even for divorce, he is not ok for mutual separation and he is” ready to challenge me” in court. I didn’t attempt to file divorce because of my financial instability.
Please advice on what can be done legally to facilitate school admission ASAP with or without the father’s consent.
Asked 7 years ago in Family Law
Religion: Hindu

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4 Answers

1) you can file fir divorce on grounds of mental cruelty and seek sole custody of your children

2) your husband would be granted visitation rights for children

3) if you ha e the sole custody school would not insist any documents to be executed by father that he won't visit child in school

Ajay Sethi
Advocate, Mumbai
95223 Answers
7612 Consultations

5.0 on 5.0

1. The school is absolutely wrong in asking for court order or consent of your husband.

2. After the decision of supreme court the single parent can get the child admitted without any hindrance from any quarter.

4. If the school still insist then lodge complaints with the Board to which it's affiliated.

5. At the end you can always file writing petition in high court on this.

All the best.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

1. This is what generally happens to the children when their parents fight with each other.

2. The school is legally right in its apprehensions.

3. Negotiate with your husband and request him to come to the school to sign the application form and let him have the entitlement to visit his son.

4. If he refuses, file a suit against your husband claiming child custody making the school a party additionally praying for a direction upon the school to enroll your son as a student therein after accepting the application bearing your signature only.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

Not all the schools are as bad as what you have described.

You can change the school and look for a school which do not demand such things.

Actually a school should not interfere in the privacy f the parents.

If at all the school is so much concerned then it can even take an indemnity letter from you or an affidavit that the school shall ot be held responsible in this regard if at all any problem arises in the later stage .

You can write to the school management explaining your plights and hardships you have faced so fa and yor distressful condition due to which you will not be able to comply with the demands made by the school in this regard and to condone the requirement for admission and to admit the child waiving the requirement of obtaining father's consent. .

T Kalaiselvan
Advocate, Vellore
85424 Answers
2239 Consultations

5.0 on 5.0

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