1) biological mother has been granted visitation rights of once a week
2) order is fair and reasonable
3) if you are dissatisfied with said order you can challenge said order before HC but chances of success are bleak
Visitation order
Hi I had applied for divorce and i have a 13 years girl child,who stays with me from 3-3-2018. The grounds of divorce were adultery.I allow my child to visit her grandparents house once every 15 days. My wife had put a Visittation rights case and today i have received an order. The order is that the mother of the child,should visit the child,who is currently staying with me every sunday at my Residence(residence is highlighted). I am highly disturbed as the order is very clear in she visiting the child at HOME. Can you please guide me... Awaiting your reply eagerly as today is wednesday and sunday she will definetly follow the court order.
Asked 7 years ago in Family Law
Religion: Hindu
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12 Answers
You can challange the order or further can file for modification of same and can ask for any public place where in she can meet the child.
Take interim stay on order so that execution of said order can be stayed.
Child visitation law governs the rights of non-custodial parents to spend time with their child.
You can challenge in superior Court against orders of visitation.
the order granting visitation rights should be challenged as if she came to your house and later on raised some issues then it would be a problem for you. therefore, challenge this order that the wife should visit the girl at some public place.
regards
If you have any problem with the order and you feel that this is not right then you can go to the next court an appeal other reversal are correction in order if this order is passed by the family court then you can file a petition in High Court to get the direction
1. Well, every parent has right of visiting the child and the another parent can not deprive her from meeting the child.
2. So since your wife has got the order of visitation of the child, you should allow her to meet the child.
3. Her adulterous relations does not have much relation with the merit of her custody case for visiting her own child.
1) Means mother has rights to visit every sunday at residential highlighted in the court order.
You need to follow the courts order or challenge the same in Appeal. If the order is stayed then she can't visit the child
The order of the court should be complied. Didn't you challenge the petition?
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Dear Sir,
However, in some circumstances this visitation may not be in the best interest of your child. For example, your ex-spouse may be abusive or addicted to drugs. If the situation is dire, you may want to petition the court to stop visitation rights. In most states stopping visitation entirely would be used only as a last resort, after you'd proven that no other alternative such as supervised visitation was feasible or adequate.
What were you doing till the court had passed the order.
This order would have been passed after hearing both the sides.
That is, she had filed the petition long back and it went on for hearing at least number of times.
Anyway you cannot stop her from visiting this Sunday even if you file an injunction petition because you can only take up revision before high court against the order and can seek stay of this order, which will take time.
Discuss with your advocate on further issues.
You can go for appeal and ask for some public place for visitation but you can not refuse. if you feel her character affects your child, then go for conditional or monitoring Visitation
