You can ask court that wife is not cooperating on Consent base she deny on either any false reason.
Daughter's access not received regularly
Hi, Just to give a background. I have filed for restitution of conjugal rights and wife has file for divorce. My daughter custody is with my wife. We had filed a mutual consent access terms to meet my daughter every Saturday for 2.5 hrs. It was agreed that when my wife would be busy, that saturday the access will not be given. I thought that there could be a genuine problem, when she will not be able to give access. But my wife is taking advantage of this clause in the consent terms and regularly denying access to my daughter. So in the court I applied for compensation of the missed access days on sundays. The court dismissed this application, saying the consent terms are not withdrawn or challenged and they are still in force. So this parties have no right to file such application. Now taking advantage of this court order, my wife is openly denying me access to my daughter, saying she is busy. My question is can I withdraw the consent terms for access agreement now and apply for fresh parenting plan? What is the meaning of the court order saying Consent terms are not withdrawn or challenged? What other remedy I can look for to get regular access to my daughter. My daughter's age is 4.5 years.
Asked 6 years ago in Family Law
Religion: Hindu
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13 Answers
1) you are at liberty to with draw your consent for divorce by mutual consent
2) if wife is willing for modification of consent terms then only agree for divorce by mutual consent
You should file for custody and visitation rights in the mean time. Visitation rights cannot be denied to any parent. Also send a notice to her stating the breach of agreement and stating that you are withdrawing from the agreement.
Yes but strong reason is needed
It means the same is not objected and therefore agreed
visitation rights from court
Hi, I need the technical legal aspect, how can I withdraw current consent terms agreed between me and my wife for visitation of my daughter. My wife is taking advantage of the trust that I showed while agreeing on the consent terms and not giving access on regular basis. I need to have a parenting plan in place for sharing of responsibility for my daughter and my ultimate aim is to have joint custody for my daughter. Hope I am clear this time of what exactly I need. The court case for restitution from me and divorce from wife are at the issue stage.
Asked 6 years ago
you can inform your wife in writing that since she has failed to comply with consent terms as to shared parenting and access of daughter once a week you have no option but to with draw your consent to the consent terms
2) file application in family court seeking sole custody of your daughter on account of failure of wife to comply with consent terms and your intimation to wife regarding with drawal
only n ground of her carelessness and welfare of daughter can be affected with her. Otherwise you cant withdraw the same as visitation is her right being mother of the child. You can pray for joint custody but visitation in between will be regular and interim measure
File Execution petiton. Consent term cannot be challenge but can be modified or court can order your wife to honor condition. You can also file contempt against her for violating consent order of court.
Consent order can be challenge by way of writ in High court. Recently Sc has held Parent Who Is Denied Custody Shall Have Right To Talk To Child Everyday:
File application in court to grant you above relief.
you can withdraw your consent for divorce.
you will have to file Child custody.
1. You can file a separate suit for visitation rights of daughter on ground that wife taking advantage of clause mentioned in the mutual consent divorce petition.
The consent terms, if not agreed by you or not obeyed by her then you can file a petition seeking to withdraw the consent and the court to decide the visitation rights as per your schedule that my be submitted before court.
You may mention the reason for withdrawal is that she is not allowing you the visitation rights citing the clause which prevents you from visiting your child and also you can ask for child custody itself.
you can file a petition stating that you are withdrawing the mutual consent for visitation rights since she is turning a hostile attitude and not caring for the court orders nor she is allowing you to visit the child giving one or the other lame excuses.
You can file a petition to that effect also after consulting your advocate
The petition for restitution of conjugal rights may not be very effective even if you get a favorable decision,m because an unwilling wife cannot be forced to live with you and the court cannot interfere in this.
You have agreed to the visitation rights as proposed by her. You should file an application before the family court and state the practical difficulties faced by you and how she is not letting you meet your child. The court will decide your application. You can also go for appeal before the high court.
Dear Sir,
Father entitled to visitation rights for child’s welfare: Court
In a custody battle over their 7-year-old son, a sessions court has upheld the rights of the 36-year-old MBA father working for an MNC and dismissed the plea of the mother, a doctor working for a city hospital.
The court allowed the father to have 48-hour access to the child every alternate weekend while observing that for the child’s well-being and smooth development, the father is entitled to visitation rights.
The court had found that the child had been missing out on school due to the custody battle. The court held that a child has the right to spend time on a regular basis with both parents and other people significant to its care, welfare and development. The mother had moved the sessions court after a magistrate court had allowed the custody arrangement. The magistrate had stated that the father was allowed to keep the child with him, from 6pm on Friday until 6pm on Sunday (every alternate weekend).
Further the mother was to arrange for the child to speak to his father over video call for an hour every Thursday evening. The court also directed the mother to disclose her residential address and a submit copy of the address to the senior inspector at the local police station and any change in the address should also be intimated. The court also told the mother that she was not to change the child’s school without the father’s consent.
The petition under the Domestic Violence Act was moved in July 2017, while the parents cohabited with the child until December. After the mother left with the child in December, the father had was allowed to meet him only once on December 27 before the magistrate court. The father told the sessions court that he had equal right over the child and like the mother had similar concerns for him. He told the court that the visitation rights provided by the magistrate were proper.
The sessions court pointed out to the child access and custody along with parenting plan tendered by both the sides. The court said that in Clause 31 it is provided that the courts are under obligation to consider that the child shall spend equal and substantiate time with each parent. While ruling in the father’s favour, the court held, “The overnight access at home of the non-custodial parent should be encouraged at an early stage so that children have a close relationship and get the love of parents, grandparents and other immediate family members.”
