If you go in for divorce parties have to agree for joint parenting plan wherein both parties would have equal access to child .
if parties do not agree court would pass orders on joint parenting
no need for any agreement at present
Mutual agreement of parents for daughter
Me and wife are still in marriage relation and living to gather. We have a daughter aged 5 years. We want to make legal agreement for our daughter so in future if we dont stay together or if we go for divorce than both of us can keep our daughter one by one or 15-15 days or what ever we decide that time . but main aim for the agreement is that no one can both of us break this agreement by only his or her will. both parties needed mutual understanding that time. both of us can get love and benefit of keeping our daughter equally. Not in any temper or any situation one can break this agrrement. is there any system or law or agreement which can confirm this now?
Asked 3 years ago in Family Law
Religion: Other
11 Answers
Any such agreement to keep child with father or mother in contemplation of not staying together is against public police of India under Indian Contract Act, 1872 and therefore void.
yes that can happen by court but i don trust it because there are two cases of my near friends , they are at point of divorce but neither of them still got equally access by court. in one case father dont get any permission from court or mother and he is feeling very stressful from one year. in second case my one friend get 2 hours of permission to meet her daughter from court. in both case no one from one side getting right for equally access of child. so me and my wife wants that confirm from now. we are still very good with each other but we want to make it confirm for our daughter so she get boths equall love and for us so we also get eaqually access to our daughter no matter what happen between us two.
Asked 3 years ago
You can enter into MOU that in event of divorce both parties shall have joint custody of child
2) mother will have custody for 183 days and father 182 days
2) during summer and Christmas holidays both parents will have custody for 50 per cent of holidays
1. Both you and your wife can enter into a MOU ( Memorandum of Understanding) highlighting the importance of joint parenting of your minor daughter as per convenience and for the welfare of your daughter.
2. Since you and your wife would be signatories to this MOU, irrespective of whether in future you stay together in marital life or get separated through divorce, the joint parenting of your daughter still exists.
- An agreement enforceable by law is called a Contract, however an agreement cannot be said as a Contract unless and until it is enforced by law , and a Contract is an agreement that is accepted by both parties and is enforceable by law.
- Hence, you can enter into an agreement with her in the presence of two witnesses for the joint custody , if you dont want to approach the court .
- You can mention in detail the terms and condition for breaching the agreement terms , and thereby mention that on breaching the agreement , both the parties will have right to approach the Court of law.
Generally such agreements are not enforceable in law especially if such mutual agreements are made in an unregistered document.
Moreover these issues are covered by the law of Guardians and wards act and can be solved by court with the same mutually agreed conditions to be obtained in the form of court decree.
Therefore you both can file a child custody case by attaching the mutually agreed agreement with the conditions thereon for the child custody and visitation rights in future as well as taking care of the child's educational, medical and marriage expenses in future by sharing or individually etc.
You can consult a local lawyer and proceed as suggested.
The two cases referred by you in your subsequent post relate to the contested cases.
Whereas you were discussing about the mutually agreed case.
You can file a child custody case with the agreement copy as the document or an annexure to the case papers and can request the court to pass an order considering to the mutually agreed conditions as attached to the petition, to which your wife should not express any objection, to enable court to pass a decree as desired by you.
That agreement can be made and registered but i doubt whether the courts will uphold it.
Youbcannot predict what will happen to your relationship afterwards. What will be your relationship with your daughter if anything unpleasant happens.
You can execute mutual custody agreement for the same
Dear Client,
You can approach the court for joint custody of the child.Joint Custody of a child does not implies that both the parents have to live together because of the child despite the fact that Indian courts believe that it is the best for the welfare of a minor. Joint custody actually means that both the parents will take care of the child turn by turn keeping the child in their custody. The rotation of the child among the parents may vary from certain days or a week or even for a month. These benefits the child as on one hand the child gets the attention of both the parents and on the other hand parents get to be a part of their child’s life.In most instances, courts grant legal custody to both the parents together but if the divorce is messy and the parents are, apparently, never going to agree with each other, the court grants the legal custody of the child to one parent.In most of the cases in India, the custody of the child is granted, by the family court, to one parent and the access of child is granted to both of them.Data clearly shows that out of around 90 cases in a particular year, the custody of the child has been granted to fathers in only 2 cases.
Thanks & Regards
