Hi all, As per child custody agreement, I got weekend and vacations custody of my son aged 11, but his mother was not giving me access to child multiple times. So I got an execution order directing jurisdictional police to implement the custody order earlier few years back. Now, she is again blocking access to my child and when I approached police to get this order implemented, they just asked other party to give access. She refused to give access in a statement to police and police is saying they will not do anything further, I have to go to court again. What are my options legally? If the court has already given an order to approach police station and police doesnt do anything what am I supposed to do? Should I file contempt of court against police or her? Again going to court means further several months of delay as I had seen in my first execution complaint. Should I approach higher level police authorities? Pls advise?
File Contempt of Court against your wife, so that a fresh execution order will be issued, to ensure that you get weekend and vacations' custody of your son, as per child custody agreement.
File Contempt of Court against your wife, so that a fresh execution order will be issued, to ensure that you get weekend and vacations' custody of your son, as per child custody agreement.
If your wife does not obey the orders passed by the Court it amounts to contempt of court.
You can take out contempt of court proceedings against your wife and police
2) before doing so approach higher authorities in police .enclose copy of order passed by family court
1. If the police was directed to implement the order then it will have to enforce the order even by exercise of force.
2. Since the local police is defaulting in discharging its duty then meet senior officials of the Police.
3. Now even senior officials refuses to do so then file a writ petition in high court against police inaction.
Now Courts are taking up urgent matters whether it is Supreme Court, High Court,Sessions/District Court/ Metropolitan Magistrate Court/Judicial Magistrate First Class/Family Courts.
Please approach office of Police of DCP or S P
for execution of order of family Court.
In case nothing happens move before High Court for Writ of habeas corpus under Articles 226 and 227 for production of your child before the Court.
The police cannot say that they cannot do anything on this.
You can approach higher police officer to direct the concerned police to enforce the court order by summoning your wife to police station.
If you don't get positive response then you can file contempt of court proceedings against both the police and your wife for disobeying court order.
Please note that this proceedings also will take lot of time.
File police inaction case in high court. Try to list the case on urgent basis.
You may face difficulties in admiting a contempt case where execution order already issued. You may try but chance is very low.
You can against her for contempt at court.
And ask court to change the order sentence that child custody should bring in the court and you can have custody of son from court every time with you.
1. Police has to follow orders as directed by the court if they are failing at local level write a letter to SP along copy of order for execution if no response is received file petition before the high court making wife and state(police ) party.
U should file contempt again in d court against her. The court is d only authority which will punish her for not obeying it's order and going agaist it.
File a contempt of court complaint indulging police
- Since, there is an order of visitation right , then both the parties are bound to comply the said direction legally.
- Hence, her acts are amounts to contempt of the court.
- Fist lodge a complaint against her and further request the police official to comply the order of the court , and further move an application for contempt before the said court ,where this order was passed , and pray for taking strict legal action against her and the concerned police station.
- No, this application will not take much time like execution complaint .
- However , before approaching the court , you can give the said complaint before the higher police official as well.
You should do 2 things. File a contempt against her and a writ petition against the police praying that the high court order them to enforce the law.
Yes you can do the same. You can file contempt petition against the said party
1. The duty of executing the order has been assigned to police. So if police is not implementing the order in letter and spirit then file a contempt application against police.
2. Also seek contempt against her.
File contempt in court against her and SHO. Police is bound to execute court order. Not much time will consume. Hire active lawyer to file contempt
1. You should again approach court against police officials and your wife for not obeying the execution orders.
2. You can also meet SP having jurisdiction with order of court and complaint against officials refusing to execute the orders.
