If the custody matter is settled in the mediation you may have to wait till the judgement of the case.
on mutual consent the terms have been agreed then till the conclusion of the case you can not challenge the order of the mediation.
Grand parents visitation right
Due to extramarital conduct of her husband, my niece has filed for divorce. Case has been sent for mediation by the court. She has two kids, a nine year old girl and a five year old boy. Her husband is abroad and grand parents are in Kerala. The mediator has suggested visitation rights for grand parents as follows, to arrive at an amicable settlement 1. Two days a month. 2. Additional three days each during Onam and Christmas holidays. 3. Additional ten days each during summer vacation months of April and May. All the above are, for day custody of children. We feel this is excessive. Have grand parents got so much visitation rights? The case has been going on for almost two years. My Niece would like to have early settlement to end the mental agony she is undergoing. We have not asking for alimony, so as to settle the case early. Kindly advise
Asked 6 years ago in Civil Law
10 Answers
has the mediator decide the same or the court? If mediator, make a plea before court to lessen the visitation rights, if court has passed the order then challenge it with help of your lawyer.
There is one more thing you can do, that is, there is a judgement too that only if the father pays maintenance then visitation rights can be given, you can frame it, if the father pays maintenance for the children, then the grandparents can meet the children on behalf of the father.
Well, in presence of the parent the grandparents have no right of custody or visitation of the child.
Since in this case his father stays away from India, in his absence his grandparents can insist on visitation of the child.
Its medically proved that parental alienation of the child is not good for his proper upbringing.
So the terms for settlement doesn't appear to be excessive.
Even if it is then also for expeditious resolution of the dispute its advisable to agree on this term.
1) grand parents do not have visitation rights
2) you can agree for 2 days in month , 2 days during Christmas and onam holidays
3) agree for a week during summer holidays
4) amicable settlement is best option
Hi, the mediator can only persuade the parties to arrive at a settlement amicably .. He cannot pass a directional order .. If you are not convinced by the settlement , you can refuse in front of the court and can contest the petiton on merits .. However , as you have mentioned that you are looking for a early settlement , it is my personal advice to arrive at settlement mutually , instead of contesting excessive litigation ..
Dear Client,
the above said period may also reduced if adverse effect on the child, otherwise its not much.
In such cases, husband side is under more stress, so putting more case on them , may pushed them for early settlement.
If they are not agreeing for mutual divorce, than claim alimony / maintenance also,otherwise,they will keep u in limine as no pressure of cases on them .
The mediator can only advise the parties as to what can be done
Do not agree to the same and you raise your demand as to how many days of visitation right will be feasible
Grand parents do not have statutory visitation rights
Fight the case
You can file a petition in the HC for expediting the process of the court.
Regards
This is something which has to be mutually settled between the parties.
In case you find this proposal excessive, you may negotiate and get this this reduced.
The Mediator will not hesitate in listening your viewpoint over this.
If you feel it is excessive you can file in court for modification of it
As a rule there is no such provisions in law for visitation rights to the grandparents especially when the divorce has not been granted yet and the biological father of the children is living.
The proposal made by mediator is not obligatory.
Your niece can refuse and reject the proposal and can ask the mediator to revert the case to the regular court since the mediator's suggestions and dictates are ultra vire
You can ask your niece to not to agree for any such condition and concentrate on her divorce case on whatever reasons she relies upon.
