• Child Visitation and Shared Parenting

I have filed divorce and custody as 2 diff petition and now i granted divorce and for custody-Court ordered 

“ Father and Mother to discuss mutually for a public place where the kid will be shown to the father on every 1st and 3rd Sunday in the month from 10 Am to 5 PM. and the father has to keep the child in front of the mother and at 5 pm the kid has to be given to Mother.

My Question is:

As my parents are aged and living 150 kms from the place where my kid resides; how i can take the kid to show them atleast once in a month( My parents could not file a separate case as they can’t attend the court due to their in ability and age)

I know its quite hard to get custody of the kid, i want to opt for a shared parenting plan or joint custody after he crosses age of 5 which he will attain at Nov 2018

Where i have to file for the Joint custody or shared parenting?( High court or District court which issued me the previous orders)

I came to know that they are going to appeal against divorce in high court as well as they might appeal to cancel for this visitation too? ( what is should do to stop them to get any say on the visitation order)

What strategy i have to make to get my kid's equal rights to take care after his 5 years

Do i have to go for modification in the district court which gave order or i have to appeal to get the shared or Joint custody?
Asked 4 years ago in Family Law
Religion: Hindu

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10 Answers

You have to file application before family court if you want joint custody of child

2) court would not stay visitation rights granted to father

3) grand parents can apply for visitation rights

4) after child attains 5 years of age file separate application for joint custody

Ajay Sethi
Advocate, Mumbai
87975 Answers
6207 Consultations

5.0 on 5.0

I advice you to first you go and appeal before the Hogh Court disclosing all your problems.

And there is no law in the world who can take the visiting right if the father until and unless it is proved by the wife that you have violated the conditions in the order or Misbehaved.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

File a petition for modification in the family court as the order prejudice.your right over child ask for shared child custody and also your parents can ask for custody and visitation rights of your child.

If family court doesn't provide you relief file in high court for joint rights of custody, also maitain good relationship with your child and contest on welfare of your child that your child needs both mother and father for proper growth.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hello,

You have to file it in the district court forst and obviouslygo for the shared parenting.

Hope this helps.

Regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

Take out contempt of court petition against wife in HC

Wife has wilfully refused to comply with family court order and has committed contempt of court

Ajay Sethi
Advocate, Mumbai
87975 Answers
6207 Consultations

5.0 on 5.0

Please go ahead and file the contempt of court, but it can only be presented before High Court as the family or district court doesn’t have the power to adjudicate its own order’s non compliance.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

As my parents are aged and living 150 kms from the place where my kid resides; how i can take the kid to show them atleast once in a month( My parents could not file a separate case as they can’t attend the court due to their in ability and age)

If there is no specific permission from court to take the child to your parents place, any act done this way shall prove fatal to your case, she may file a cancellation petition to cancel the visitation rights for breach of conditions.

In fact she may object to your parents visiting the child in the place where you are permitted to visit your child because visitation rights have been granted to you alone and not to your prents also.

So dont venture into any such fancy ideas to get your privileges deprived.

Where i have to file for the Joint custody or shared parenting?( High court or District court which issued me the previous orders)

Since this child custody case is not disposed yet, there is an order only agaisnt the visitation rights, you may continue the same case in the same court, get it disposed, and if the decision is not in your favor then you may prefer an appeal before high court.

I came to know that they are going to appeal against divorce in high court as well as they might appeal to cancel for this visitation too? ( what is should do to stop them to get any say on the visitation order)

You can challenge their moves legally on merits in your side.

Do i have to go for modification in the district court which gave order or i have to appeal to get the shared or Joint custody?

This is an order in the IA you have filed seeking visitation rights, if you are aggrieved by this order you can prefer a revision before the high court for modifying the order.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

Do i have to file execution of orders or contempt of court?

You can file an execution petition since it is an executable order.

Can i file the contempt in the same family court which issued the existing orders?

Yes.

Can i Pray in my petition to execute the orders through women police?

No, you can seek assistance of police through court.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

File a contempt petition before the high court as she has disobeyed the order of subordinate court.

You can file execution petition also before same court and court can give execution order

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

If you need more reliefs from the family court order you can go to high court. You can't stop then approaching HC you can only file your reply when they file their case in HC. You can file modification about shared parenting in HC through writ or also can file in lower court.

Prashant Nayak
Advocate, Mumbai
27291 Answers
88 Consultations

4.4 on 5.0

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