You can seek visitation rights for your kids 

2) merely giving wife sole custody does not mean you would not be entitled to visitation rights 

3) apply to court seeking visitation rights for your kids , permission to talk to your kids via Skype 

1. See you can file for custody and visitation rights of your children. As far as brainwashing or hate against you is concerned there cannot be any concurrent proof of same or no order to that effect can be effective so you have to take custody or visitation  and teach your children well.

2  See for legal purpose order of court is required though based on your agreement she can contest custody petition.

You can file visitation rights petition before court and seek the same. You can also pray for full custody or joint custody in the same

File a guardian petition for the custody children. Interim Custody is awarded by the Court during the pendency of the case before it. Generally, the Court awards interim custody when such an order does not affect the overall development of the child and same is in no way prejudicial to the interest of the minor. Court tries to bring equilibrium between the husband and wife and also keeps a vigilant eye that the child should not become shuttle cock between warring spouses.

All the schools of Muslim law recognize father's right of hizanat under two conditions that are:

• on the completion of the age by the child up to which mother or other females are entitled to custody.
• In the absence of mother or other females who have the right to hizanat of minor children.
• Father undoubtedly has the power of appointing a testamentary guardian and entrusting him with the custody of his children.

- As per law, the custodial parent will be the primary caretaker responsible for the emotional, medical and educational needs of the child , and the non-custodial parent who does not lose the rights over the child will have the right of access.

- Hence, legally , she cannot stop you from visiting or talking with your kids , without getting Court order 

- You should file a suit for getting visitation right /talking order from the court 

- Further you can also give POA to any relative in India for filing the suit in your favour, if you are abroad. 

1. Being natural father /guardian of the kids, you having your right to talk and visit with them , even she is trying to brainwash them.

- Court is having power to call report from the child protective services to check if they are brainwashing your kids against you.

2. Court order need for the same. 

Hi

1. You can an application for interim relief to allow you to talk to your kids or having visiting rights. 

You can apply to certain human rights organizations for having a check and counseling to prevent brainwashing 

2. Child custody have to be attained by the court orders.

But this signed document you gave to her will go against you.

Thanks

Apply for child custody, court will grant visitation rights along with every phone calls. Court will direct mother and in laws not to temper with child Brian.

Given full custody in paper will not affect your custody right.

Visitation is a right that cannot be denied to a parent. Therefore you can call them and talk to them. Custody has not been decided by the courts therefore you may proceed with CPS. Also file for custody.

Custody should be filed in court but if you have given a document then it would be considered in court. Therefore file for custody and you may say that it was signed by you under immense pressure.

Hello,

They cannot legally bar you to speak with your son . Approach the court through your lawyer .

Regards

1.  You may have to file a child custody case under  Guardian and Wards act seeking child custody of your children and in the same case you can file a petition seeking visitation rights  as an interim relief.  This relief may be to allow your ex-wife to talk to your children over phone for a period of time as per the schedule you may inform the court.

2. You can state that the consent for full custody was forced on you hence it is not valid, you can seek custody of your children by filing a fresh case.

1. you can approach the Court for the visitation rights,

2. you can also claim the full custody in the changed circumstances

Dear Sir,

You are suggested to file the child visitation suit for the children and the written paper given to your ex wife will be treated as valid one. 

Under the law in India, where the child is with one of the parents, the other cannot be prevented from seeing and visiting it. Approach the Court and seek visitation rights, praying before the Court that you may be allowed to see and speak to the children at regular intervals. For this, you need to approach the Court having competent jurisdiction in this matter in India.

I am afraid that at this juncture it is not open for you to use the services of any child protection agency.

1. You should file petition to get custody of your children under guardian and ward act.

2. Also make application for interim relief of visitation rights till disposal of suit.

3. The letter given by you during divorce is valid but you can file petition on ground that your wife is not letting your kids to talk to you or giving visitation rights. 

You have right of visitation and also can tale to them.  Mere giving written paper will not deny your right of visitation and to talk to the children.

You can file application of visitation / custody of children.

Dear Sir,

The custody of a minor child in Islam is called Hizanit, which literally means the care of the infant. As per the Shariat law that applies to Muslims, the father is considered to be the natural guardian of his children irrespective of sex, but the mother is entitled to the custody of her son till the age of 7 years and of her daughter till she attains puberty. Thus under the Muslim law a male would attain majority/adulthood when he reaches the age of 7 years and a female would attain majority on attaining puberty.

The question that emerges is whether the Muslim personal law (Shariat) would also be applicable to a proceeding under the Guardianship Act. As stated earlier Section 6 gives scope for the application of the personal law to which the minor is subjected to. Further Section 17 of the G&W Act also stipulates that a guardian has to be appointed in consonance with the personal law by which the parties are governed.

The said legal proposition was amply dealt with by the Hon’ble High Court of Delhi in Akhtar Begum vs Jamshed Munir, which held that “the personal law of the parties has to be kept in view in deciding an application for custody by virtue of the mandate of Section 6 of the Act. If a Court does not keep that in view it would be acting illegally and with material irregularity”.

Further the Hon’ble High Court of Delhi while dealing with a habeas corpus petition in Mohammad Nihal Vs State, has taken the aid of Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937 which states that, regarding matters pertaining to succession, inheritance, marriage, divorce, guardianship, etc, where the parties are Muslims, the Muslim Personal Law (Shariat) shall be applicable. The Hon’ble Court has held that, “if some doubt prevails pertaining to the applicability of Shariat laws in guardianship matters, it stands clarified by virue of Section 6 of the G&W Act. When a court is called upon to determine the welfare of a minor so far as appointment of a guardian is concerned, this exercise will have to be determined in consonance with Shariat Law”. The Hon’ble Court further reiterated that in consonance with section 2 of the Majortiy act which states that its provisions do not impact on matters of marriage, dower, divorce and adoption, the Indian Majority act cannot be looked into while ascertaining the age of a minor and the personal law of the parties would be the driving factor

Although the personal law of the parties is to be taken into consideration while deciding the custody of the child, the welfare of the Child is of paramount importance and cannot be over-ruled by the personal law and the welfare of the child must be the deciding factor. However, at the same time the personal law cannot be completely sidelined as the personal law would be an important facet of the welfare of the child and must also be taken into consideration.

1. You can file a petition before the Court to enforce your child visitation right.There is no existence of child protective service in India to verify whether your children are being brain washed or not. 

2. You have already signed a document giving full custody of your child to your wife. Unless you deny having signed the said document, it is considered as valid. If you deny haing signed it or have signed it under duress then the entire matter of child custody will appear before the Court against application to be filed by you seeking custody of your child for their welfare.

father can have the right to visit the child and also some special circumstances he is eligible to get the child custody also.But the burden of proof is on the shoulder of the father.You can also file for visitation rights from Jurisdictional Court 

Dear Querist

if the child is in India then you may file a child custody case against your ex-wife and her family members before the Family Court of the area where the child resides.

the law says that the welfare of the child is the paramount consideration for the Court. you may file the child custody petition under the Guardian and Wards Act.

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