I have got final orders from District Family court in GWA, Order Says " Mother has to show the kid on every 1st and 3rd Sunday every month in a public place from 10 am to 5pm. Order was passed on 5th April and since then i am trying to reach my ex wife to show the kid for which she refused and said, as she is going to appeal in HC against the order for visitation, she will not show me the kid. Its been 1 year since i saw my kid. What immediately i should do now to make her obey the orders? Can i file execution in the same FC and can i seek police intervention in the petition to make her obey the orders? Do i have to wait for execution filing, until she appeals in HC or can i do it without waiting for any of her appeal? When i should file contempt of court and what will be the best strategy to make to see my kid soon. Any other ways or suggestions to make her comply the orders.
You may have to wait for at least one month to file an execution petition to execute the orders of the court in this regard.
Police help cannot be availed without court order for that.
You can wait for one month for this and then file EP even if she files an appeal against it.
Contempt of court may not be maintainable at least in this stage.
The order of the family court regarding visitation right is still valid irrespective of the fact that wife is willing to file appeal against this order. you should immediately file a petition before the family court for initiation of proceeding under contempt of courts act because your wife has been committed contempt of the court by refusing to obey the order of family court.It is duty of the party to obey the order of the court unless and until it is either stayed or cancelled by the court. In your case order of family court is still in force therefore party to the suit are bound to obey the order.
Dear Client,
For violation of court order , u can file contempt and execution of order in FC. Till not stay from High Court she is bound by the order of court.
Police intervention possible after order of court. Why should u wait, file instant both Contempt and execution.
1. yes you can file a contempt petition against your wife
2. you can also file an execution application for executing the final decree passed by the court
3. there is no stay on the final decree of 5.4.18, so your wife cannot say that since she is contemplating to file an appeal against the decree, she will not show the child
4. this is a clear case of contempt. unless the wife obtains a stay of the decree dated 5.4.18, she has to follow and obey that order failing which she becomes guilty of contempt of court's order
Take out contempt of court proceedings against wife for failure to comply with court orders
2) Police woukd not intervene in absence of court orders
3) you need not wait till wife files appeal
Hello,
You will have to file an execution petition.
You should do it immediately, there is no need for you to wait for the same.
When was the order passed by the family court.
Regards
Her disobedience to this order amounts to contempt of court. You must immediately approach your local counsel and prepare to file a contempt in this matter.
In the meanwhile, you can also seek police assistance for enforcing this order.
She needs to abide by the order. She can appeal in HC that is a different issue. Till HC stays the said order she can't refuse. File execution and contempt of court case in the said Court immediately. take immediate directions.
Sir file a execution petition before the family court and a contempt petition for contempt of order of the court
police shall intervene on order of court directly you cannot seek help from police.
no till there is no stay of high court the order is valid and intact in law so you can file an execution petition.
you dont have to wait for her appeal.
file execution along contempt, execution petition will be better option at point of time now.
You can and should be as soon as possible file a contempt petition for the non complaice of the order, and she would be gone by the court though may not be punished as first instance but yes them won’t stop you to meet your child.
Dear Querist
My opinion on your queries are as under:-
Can i file execution in the same FC and can i seek police intervention in the petition to make her obey the orders?
Opinion:- Immediately file an execution petition before the Same Family Court who passed the order and demand the execution of the Order and also demand police assistance if required for execution of the Order.
Do i have to wait for execution filing, until she appeals in HC or can i do it without waiting for any of her appeal?
Opinion:- The Appeal time has been finished, she had filed the appeal before the High Court within 30-60 days from the date of order and now as per your information, one year has been passed hence she can not file the appeal now, suppose she filed the appeal then until the HC grant any stay on the operation of the Stay till then nobody can restrain the Family court to execute the Order.
immediately file an execution petition.
When i should file contempt of court and what will be the best strategy to make to see my kid soon.
Opinion:- You may file contempt of the Court petition before the family court first, immediately.
Feel Free to Call
Hi, you can seek an intervention of police for the execution of the lower court order..Untill the high court passes any directions to stay the lower court order , it has to be followed and you are entitled for visitation rights
Please arrange to file a caveat in the high court immediately, in order to safeguard your interests if your wife elects to appeal the order of the family court. Simultaneously file an EP in the same family court.
Hi,
You are suggested to file the contempt petition against her for disobeying court orders.
Dear Sir,
My answers are as follows;
What immediately i should do now to make her obey the orders?
Ans: File execution with police help.
Can i file execution in the same FC and can i seek police intervention in the petition to make her obey the orders?
Ans: Yes, it has every powers.
Do i have to wait for execution filing, until she appeals in HC or can i do it without waiting for any of her appeal?
Ans: If you allow her any more time she may get a stay order from High Court. Enough is Enough
When i should file contempt of court and what will be the best strategy to make to see my kid soon.
Ans: It is only give you right to file execution and not contempt but as she is deliberately disobeyed so you may also file contempt before the High Court. The law on this point is as follows;
======================================================================================
CHILD CUSTUDY DISOBEDIENCE
Dear Sir,
My answers are as follows;
What immediately i should do now to make her obey the orders?
Ans: File execution with police help.
Can i file execution in the same FC and can i seek police intervention in the petition to make her obey the orders?
Ans: Yes, it has every powers.
Do i have to wait for execution filing, until she appeals in HC or can i do it without waiting for any of her appeal?
Ans: If you allow her any more time she may get a stay order from High Court. Enough is Enough
When i should file contempt of court and what will be the best strategy to make to see my kid soon.
Ans: It is only give you right to file execution and not contempt but as she is deliberately disobeyed so you may also file contempt before the High Court.
Dear Sir,
My answers are as follows;
What immediately i should do now to make her obey the orders?
Ans: File execution with police help.
Can i file execution in the same FC and can i seek police intervention in the petition to make her obey the orders?
Ans: Yes, it has every powers.
Do i have to wait for execution filing, until she appeals in HC or can i do it without waiting for any of her appeal?
Ans: If you allow her any more time she may get a stay order from High Court. Enough is Enough
When i should file contempt of court and what will be the best strategy to make to see my kid soon.
Ans: It is only give you right to file execution and not contempt but as she is deliberately disobeyed so you may also file contempt before the High Court.
