1) you should have taken out contempt of court proceedings against wife for failure to comply with court orders
2) execution proceedings are long drawn affair
3) to get extended parenting time file appeal against trail court order in HC
Child Visitation - Disobey of Orders
I have granted final orders in Guardian Case : As to visit the child every 1st and 3rd Sunday in a public place in the presence of the mother. Its been 1 year since i saw my kid, and i m just living 10 kms from her residence: my kid is 4.5years old, and my ex stops me accessing his school, though i pay regular school fees and maintenance for my kid. Also i got divorce in a separate case filed and my ex is not following the orders to show my kid and refused to obey it; I have filed execution petition in the same court and awaiting for the hearing on 3rd August, Also filing a appeal in HC by next week against the order given and seeking more parenting time. My question is: 1. How to move the execution petition fast, so as to see my kid as per lower court order? 2. Can i file a IPC174 petition now in lower court to make her obey the existing order? 3. What other strategies to follow to get a extended parenting time with my kid.
Asked 7 years ago in Family Law
Religion: Hindu
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5 Answers
hello
a representation must be given to the police station in charge and in case he is not helping you by contacting her and telling her to comply with the court orders, file a contempt petition in the HC immediately, making the SHO your wife and other officials party.
regards
Contact the court where your child custody orders were made and see if they have a Family Services Office or a Family Relations Office and whether they provide mediation services. This might help you and your ex resolve your problem without having to go to court.
Ask the judge to make changes to the custody order.
You might be able to modify the child custody arrangement if your ex repeatedly breaks the court order. You could request changes in visitation times and length, for example.
File a motion for contempt of court.
You should have filed contempt instead of execution.
1. Since you have already filed the EP before court, you may have to wait for the process of court.
You may attend the hearing on 03 Aug and express your grievance for the delay before the court, let the court pass any order.
2. IPC 174 will not be applicable in civil cases.
3. You may have worked out the plans to express before court, so it is purely the issue based on the documentary or other merits you may rely upon.
