• Disobeying of orders for visitation of child

My orders for GWA reserved on 5th April 2018 from District family court and i want to clarify some of my doubts here:

I have seek visitation on weekends for 2 days and 50% vacation of all holidays as a alternate if my custody is not permitted as my kid is just 4.5 years old.if i get the visitation order of the same i seek,.. and if in the order is not mentioned where i have to get my kid, my op may say to come and take the kid at their home where i have a problem of getting harassed by their family. What should i do for that?

If i get a visitation order to bring the kid in a public place and show to me or handover to me and if they don’t obey that order, i am thinking of seeking local women police station help to bring my kid; will that be advisable?

Can i file contempt of court at the first instance of not obeying or how can i make them to obey the order?

Its been a year since i saw my kid and i don’t want to waste my time to run behind the courts and procedures, but want to see my kid legally every week once at least after the FC orders? How can that be possible?

If they don’t show up or disobey what is the first thing i have to do or what is the procedures to make them obey the order?
Asked 4 years ago in Family Law
Religion: Hindu

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9 Answers

When the court gives visitation order on first instance it makes a speaking order under which handing custody of kid hours where to meet kid is specifically mentioned if they donot obey the order file an contempt and execution petition under order 21 in the court to get order executed the court shall make such arrangements so that the order is followed.

Donot worry seek execution of order the court shall make such arrangement with the help of police or other state body that your order is obeyed and also on disobedience by wife a simultaneous petition for contempt can be filled.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

What you are wishing you can submit those prayers before the Learned Court and till date if you gave not to see your kid though you had visitation right, then you can mention that too. No one want to waste time, so if you have fear that they might disobey tge orders, then you can pray before the Court to give such order which will help you to see your kid legally every week without any failures, and if they fail, then what will be your remedy.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

You need to inform the same in writing to the said court which directed the visitation process

Prashant Nayak
Advocate, Mumbai
27261 Answers
88 Consultations

4.4 on 5.0

First of all Court has not passed any order till date so no question arises of contempt of court , this situation will only arise when the relief sought will be granted and the other party disobey the Court order .

Your next step will depend on the Order that is reserved for 5th April. If the order does not favour you, I will guide you further with necessary steps required to be taken and that will also after going through the Court order .

Jitender Kumar
Advocate, New Delhi
35 Answers

4.0 on 5.0

You can seek orders to bring kid at public place

2) if wife fails to permit you to visit child you can take out contempt of court proceedings against wife

3) you can seek police assistance to direct wife to comply with court orders

4) court would permit you to visit child once a week or so

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

1. In most likelihood the court mentions the place of visitation. f not then you can apply for correction of the order to bring clarity on this.

2. Do not go for contempt on first or second disobedience of the order.

3. Do not worry , you will get visitation order of the child for sure. However if there is any ambiguity or you require minor changes apply in the court on that account.

4. if they continuously disobey the order of the court then file contempt petition in high court.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

If no place of meeting is mentioned in the court's order, you may move a clarification/modification application and get the order modified to the effect of mentioning an assigned place of meeting.

Yes, if the Court's order is refused to be complied with, you can take police assistance.

Through Police first, later you can file a contempt.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

The orders on your petition is reserved for 5th April 2018, hence dont run your imagination about the possible orders in a hurry.

You first get the order in writing and then execute the order as per the conditions mentioned in the order.

If she disobeys the order then you can file a contempt of court against her.

If you apprehend danger then you may aproach court seeking police assistance/protection during the allowed visitation period.

You cannot take law into your hand.

Since you have approached court seeking its permission and intervention for the relief you prayed before court, so it becomes your duty to follow the procedural aspects as per the law in this regard.

It will not be easy for you to implement the court order without further legal hassle, hence you may have to approach court for each and every relief otherwise any act done in violation shall be detrimental to your own case and all your hard efforts will be in vain.

The court may even cancel the orders if she files a petition for violating the court conditions.

You wait for the exact court order and then plan your strategy accordingly

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

Dear Client,

Any violation of court order is contempt of court and police has no role until ordered by court the get it executed with the aid of police.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

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