Thank you for sharing the detailed background. Your case involves sensitive and critical issues of child custody, jurisdiction, and the welfare of a minor, which Indian courts treat with utmost priority. Let me address your queries one by one with clarity and practical advice:

1. Can this case be expedited or transferred to High Court?

Yes, it can. Since the matter pertains to the custody of a minor child, you can file a writ petition or transfer petition before the Hon’ble High Court under Article 227 of the Constitution of India to seek expeditious hearing or direct intervention.

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  Courts are generally receptive to such prayers, especially when custody-related delays are causing hardship to the child.

  
  


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  In addition, you can move an application for early hearing in the family court as an interim relief, supported by valid grounds like schooling, documentation delays, etc.

  
  

2. Will the Court consider your son’s opinion (he’s now 12)?

Yes, absolutely. Indian courts, particularly under Guardians and Wards Act and Hindu Minority and Guardianship Act, do take the opinion of a minor above 9 years into account—provided the child is mature enough to understand the situation.

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  However, it is not binding—it’s one of the factors.

  
  


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  If there is influence or coaching from any side (e.g., paternal family), the court can direct child counseling or interaction with the Child Welfare Committee (CWC) or a Court-appointed Counselor.

  
  

3. How to expedite the case legally?

To fast-track the process:

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  File an interlocutory application in the family court for early disposal or priority listing.

  
  


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  Alternatively, approach the High Court via writ jurisdiction for directions to the family court to conclude the matter within a time-bound period.

  
  


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  You may also mention your difficulty in applying for passport, Aadhaar, or visa due to the pending case, making it a compelling ground for urgency.

  
  

4. How much weight does the Court give to child’s opinion?

The Court always prioritizes “the best interest of the child” over mere preferences. If the father’s household has past instability (remarriages, divorce), and if the child is in a stable, nurturing environment under your parents, it works in your favour.

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  The court will consider factors like:

  
  
  
  
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    Schooling, routines, emotional bonding

    
    
  
  
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    Your financial capability and international opportunities

    
    
  
  
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    Child’s safety, moral environment, and future stability

    
    
  
  
  
  

5. Approximate cost to fight the case in High Court?

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  A custody-related writ or transfer petition in High Court can range from ₹75,000 to ₹1,50,000 depending on the complexity, urgency, and the lawyer’s experience.

  
  


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  However, I tailor my professional charges based on your circumstances and ensure complete end-to-end support, including representation, drafting, and follow-ups.

  
  

6. Chances of High Court accepting your matter?

Very strong, provided the documentation is proper and the petition clearly shows:

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  Undue delay in lower court

  
  


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  Impact on your son’s rights and development

  
  


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  Legal hurdles in getting passport or visa

  
  


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  Your Canadian citizenship and genuine intent to raise your child in a stable environment

  
  

High Courts intervene especially when lower courts show delay or when minors’ future is compromised.

✅ Why Engage Me?

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  I specialize in complex family law matters, particularly involving NRI/OCI parents.

  
  


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  I can ensure strategic representation, solid drafting, and courtroom advocacy.

  
  


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  I will guide you on how to present your son’s best interest, gather supporting documents, and manage passport and visa documentation legally.

  
  

We can set up a paid consultation over a call or Zoom at your convenience where I’ll review the court papers and plan your next legal move in detail.

Please feel free to reach out on WhatsApp at NINE FIVE NINE TWO FIVE ZERO ZERO ZERO SIX EIGHT to schedule a discussion.

Warm regards,

Advocate, Punjab & Haryana High Court
📍 Based in Chandigarh

1. There's no possibility to get the case transferred to high court or any other court.

If the delay is inordinate or if he's trying to drag it unnecessarily then you can approach high court with a petition to direct trial court to dispose the case expeditiously.

2. A twelve years old child's opinion will be sought by court with regards to his choice to choose either parent.

3. See the first answer 

4. The court will be concerned about the child's welfare.

5. You cannot get this case transferred to high court.

6. There's no provision in law for high court to try the case directly.

Case cannot be transferred to HC 

2) you can make application to court that you may be permitted to take son to Canada fir his future career prospects 

3) seek short dates 

4) court considers wishes of 12 year old son 

5) legal fees depend upon lawyer engaged by you 

1. For expediting the trial you need to file case before the high court for necessary direction.

2. Court can give reliance on the wish of the child after talking to him.

3. File application in high court for speedy trial.

4. Much.

5. It varies with advocates/

6. Huge. 

• Speed‑up / transfer?
  File an “early‑hearing” or “expedited disposal” motion in the family court first; if delay persists, move the Punjab & Haryana HC under Art. 227 CPC/Art. 226 to direct a time‑bound decision or to withdraw the case to itself.

• Child’s wishes?
  Yes, courts usually interview children ≥ 9‑10 yrs; a 12‑year‑old’s preference is heard but not conclusive.

• How to expedite?
  Urgency motion → if refused or ignored, writ petition in HC citing welfare of minor and pending passport/visa issues.

• Weight of opinion?
  One of several factors; welfare, stability, schooling, and each parent’s conduct outweigh a child’s momentary choice.

• Chances HC will entertain?
  Good where delay affects a minor’s welfare; HC regularly issues time‑bound directions or takes the matter on its own file.

It can’t be transferred to HC but can be expedited by filing application in HC

chances are good 

fees varies firm lawyer to lawyer 

1. High Court does have original jurisdiction to try and decide child custody dispute. Case will not go to High Court.
2. Court does take preferences of child above five in respect of his wish to reside with whom.
3. There is no need to take the case of High Court. if contested diligently, it will be decided by family Court in shorter period.

1. Yes, you can approach the High Court for finalizing the case on this ground and to direct the family court to finalize the case on very urgent basis. 

2. Under Hindu law, A mother usually gets custody of the minor child, under the age of 5 and fathers get custody of older boys, but it is not a strict rule and is primarily decided based on the child’s interests.

- The choice of a child above the age of 9 is considered, and further a father who is proven to neglect or ill-treat the child is not given custody.
- Hence, legally you are entitled to get the custody under the Guardian and Ward Act. 

3.Read reply No.1

4. Reply No.2

5. Depend upon the lawyer to whom you will engaged 

6. Maximum.