explain to biological father that child is hurt by his decision to remarry and hence is refuing to meet him
2) inform the father by email that he is at liberty to meet the child whenever he so desires
3) consult a child psychologist
Child doesn't want to meet his father after divorce
Hi, My sister got divorced last year after a bitter end to the relationship, and the complete custody of my nephew is with her. Though his dad as free visiting rights and he just needs to inform my sister before he intends to meet his son. This was going well, until recently when my nephew has been avoiding meeting his dad or even talking to him after he got remarried . He has a separate phone to talk to his dad and message, but he has been ignoring his message but even blocked his number. Now my ex-brother in law has been sending emails and messages to my family saying we are feeding the kid with wrong things that led to this situation. However this is not the case and we have tried to talk to my nephew and have been asking him to visit his dad every time his dad wishes to meet, but he doesn't even want to talk to him. How do we handle this situation. Can his dad force him to meet or take any legal action against my sister. We dont want to stop him from meeting his dad but on the other hand dont even want to force him. What rights do my sister or nephew has in Indian law for this kind of a situation.
Asked 7 years ago in Family Law
Religion: Hindu
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7 Answers
Immediately issue a legal notice or reply over the mail that it is completely depend on the child if he is ready to meet his father then there is no restriction upon him by your sister or any other family members and in future if he will send these type of false email then harassment case can be filed against him.
force can not be used by him, if he do then it will be illegal and he can be prosecuted for his illegal act.
sit tight and wait and watch, if he initiate any legal proceedings then fight the case on merit.
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Your sister can file a petition In same divorce petition before the concerned family court by stating same facts and unwillingness of her child to meet and having any kind of communication with her ex-husband. The court will record statement of the child and will pass appropriate orders. That will be sortout issue.
How do we handle this situation. Can his dad force him to meet or take any legal action against my sister. We dont want to stop him from meeting his dad but on the other hand dont even want to force him. What rights do my sister or nephew has in Indian law for this kind of a situation.
If your sister is not at fault for the child not talking t his father, then she can openly tell her ex-husband to meet him directly and know about his mentality about him in person.
Her ex-husband cannot take any legal action against her for the child not willing to talk to him.
The juvenile law is very clear that a child cannot be forced to do or accept a thing which it is not interested.
At the maximum the child can be taken to a counsellor for a counselling session provided he child agrees to meet the counsellor.
If her ex-husband would prefer to approach court, ask him to proceed, let the court decide about it after hearing the child's willingness and desire.
Your sister cannot be held responsible if the child is not willing to meet his father.
1. What is the age of your nephew?
2. Your nephew can not be forced to meet his father,
3. Similarly, your nephew can not be influenced in refusing to meet his father,
4. Your sister should clearly tell her ex-husband that she has no role to play in her son's refusal to meet is father,
5. Her ex-husband may file a petition alleging that your sister is obstructing his visit to his son and is tutoring his son against his visit seeking legal intervention,
6. In the above case, the Court may direct your sister to present her son before the Court and interrogate him in this regard to find out the reason and will direct parties depending on its findings.
The dad can file a petition for execution of the court order to enforce his visitation rights. If the child is unwilling to meet his father despite the latter's visitation rights then your sister can apply to the court to revoke the order as the wish of child has to be taken into account before passing any order for child custody.
Any order of a child custody is for a short term and can be modified in view of change in circumstances.