• Celebrating child birthday

Hello Sir


Want to take your guidance with regards to my child birthday 

He is 7 years old and currently with my wife . There is no court order that child should be in custody of mother ..Although she file DV claiming she has custody of child and asking for maintanance . His birthday is coming on 21st-sep-23 

I want to celebrate his birthday in school Pls let me know the legal aspect if this is possible 

Regards
Amit
Asked 1 year ago in Family Law
Religion: Hindu

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11 Answers

As there is no restriction to meet your child on his birthday or any other day, you can very well meet your child as per your desire.

However if the school authorities object to your meeting inside the school complex, then you may have to wait for the child to come out and then take your child to any place of your choice.

Your wife's complaint with the police will not be maintainable because it is a civil matter and also as you are the biological father, you also have equal rights over your child, let she approach court and obtain a custody order.

T Kalaiselvan
Advocate, Vellore
87426 Answers
2348 Consultations

File case of custody of child and as interim relief you can claim visiting right, share of holidays etc. In DV case also you can file IA for meeting with child. 

Siddharth Srivastava
Advocate, Delhi
1415 Answers

You should make application in family court seeking joint custody of your child 

 

2) seek interim orders that you may be permitted to meet your child on his birthday and on weekends 

Ajay Sethi
Advocate, Mumbai
97224 Answers
7850 Consultations

1. You can inform the school authorities about your desire to be with your child during his birthday in the school for a little time to celebrate his birthday because it is not possible to meet him at his mother's place due to matrimonial dispute, if they allow you can proceed otherwise you may have to wait for the child to come out of the school after which you can forcibly take away the child without bothering about the police complaint or legal action on this.

2. If there is any child custody case pending then you may have to file an emergent petition along with a hearing advance petition to advance the hearing from that date to this date and pass an interim order in this regard, you may have to give a copy to the other side and the court will take a decision only after hearing the other side too.

3. The amount what you give towards maintenance will not confer any rights on you to claim this privilege, you stop paying the same so that let she file the maintenance case wherein you can demand visitation rights to visit your child periodically 

T Kalaiselvan
Advocate, Vellore
87426 Answers
2348 Consultations

- Being the biological father , you cannot be restrained for meeting an celebrating his birthday , and you have your legal over the child , and even no permission is required from the court , if you have not been restrained by an order of the court. 

1. You can file an application before the school principal for the same after submitting the documentary proof of being his father, and the school having no right to refuse 

2. The Court is not working on Sunday i.e 10 September, and further you need to file a proper application before the court for getting order

3. A working mother is proportionately liable for the maintenance of the child ,if her income is sufficient

Mohammed Shahzad
Advocate, Delhi
14641 Answers
224 Consultations

I'm afraid that doing with will be possible without a court order.

 

This is so, since your wife is also teaching in the same school where you son studies; and in such a scenario I do not think that the school will independently give you the permission which you are trying to seek.

 

Better file a petition under guardians and wards act seeking appropriate reliefs. 

Vibhanshu Srivastava
Advocate, Lucknow
9670 Answers
310 Consultations

If you have any order of restraining from court then you can’t meet him else can meet 

Prashant Nayak
Advocate, Mumbai
32660 Answers
207 Consultations

Celebrating your child’s birthday in school is a common and acceptable practice, as long as you follow the rules and regulations of the school and obtain the prior permission of the principal or the teacher. You may need to inform the school about the date, time, duration, and number of guests for the celebration. You may also need to ensure that the celebration does not disturb the academic activities or discipline of the school. You may also need to arrange for the cake, snacks, drinks, decorations, gifts, etc., for the celebration.

However, since you are involved in a legal dispute with your wife over the custody and maintenance of your child, you may face some difficulties or challenges in celebrating your child’s birthday in school. Some of them are:

  • Your wife may object to your presence or participation in the celebration and may try to prevent you from meeting or interacting with your child. She may also accuse you of violating her rights or harassing her or your child.
  • Your child may be confused or upset by seeing you and your wife in conflict and may not enjoy the celebration. He or she may also feel pressured or guilty to choose between you and your wife.
  • The school authorities may be reluctant or hesitant to allow you to celebrate your child’s birthday in school, as they may not want to get involved in your personal or legal matters. They may also fear any trouble or disturbance that may arise from your visit.

To answer your specific questions:

  • How should i approach school that i want to celebrate my child birthday in recess and what could be the legal implications of it?

You should approach the school in a polite and respectful manner and request them to grant you permission to celebrate your child’s birthday in recess. You should explain to them your situation and your intention to make your child happy and show him your love and care. You should also assure them that you will not cause any trouble or inconvenience to the school or anyone else. You should also provide them with all the details and documents that they may require for verification or approval.

The legal implications of celebrating your child’s birthday in school may depend on various factors, such as the status of your case, the orders of the court, the consent of your wife, etc. Generally, there is no legal prohibition on celebrating your child’s birthday in school, as long as you do not violate any law or court order or infringe on anyone’s rights. However, if your wife objects to your visit or files a complaint against you, you may have to face some legal consequences, such as contempt of court, criminal charges, etc.

  • Since today is 10-September , Should i go and request court that i want to meet my child on school birthday in school?

It may be advisable to go and request the court that you want to meet your child on his birthday in school, as this may help you avoid any legal complications or conflicts with your wife. The court may grant you permission to meet your child on his birthday in school, subject to certain conditions and restrictions. The court may also order your wife to cooperate with you and not interfere with your visit. The court may also consider your request as a positive sign of your interest and involvement in your child’s welfare.

  • My wife also teaches in same school and also giving montlhy 7k for last 1 year even without court order as responisibility

This information may not have much relevance or impact on your request to celebrate your child’s birthday in school. However, it may show that your wife is financially capable and willing to support your child’s education and maintenance. It may also show that she has a close relationship with your child and his school.

  • Pls help if go directly to meet my son in school would it have adverse affect as father is natural guardian or should i approach court first … since time is short need your expert advice and only want to meet my son thats it for few hours

It may not be wise to go directly to meet your son in school without informing or obtaining permission from the court or the school or your wife. This may have an adverse effect on your case and your relationship with your son. It may also create problems for the school and other people involved. It may also expose you to legal risks and liabilities.

Therefore, I would suggest that you approach the court first and seek its approval for meeting your son on his birthday in school. You can also consult a lawyer who specializes in family law and seek his or her guidance on how to handle this situation.

 

Muraleedharan R
Advocate, Trivandrum
373 Answers
2 Consultations

You can approach school but it is doubtful school would permit you to meet child as your wife is teacher in same school and she will object 

 

2) you should obtain court orders for permission to meet your child on his birthday 

Ajay Sethi
Advocate, Mumbai
97224 Answers
7850 Consultations

Dear Client
Celebrating Your Child's Birthday in School:

You can approach the school to request permission to celebrate your child's birthday during the school recess. It is typically a common practice for parents to celebrate their children's birthdays in school. However, given the circumstances, it's essential to ensure that both you and your wife are on the same page regarding the celebration.
There should not be any significant legal implications for celebrating your child's birthday at school as long as it is done in a non-disruptive and respectful manner.

Requesting Court Access for the Birthday:
Since the birthday is approaching on September 21st, it may be challenging to obtain a court order in such a short time frame. Courts may require time to process your request and schedule a hearing.
If you believe it's essential to have access to your child on their birthday, you can consult with a family law attorney immediately to explore your options. They can advise you on whether an emergency hearing is feasible or if there are other steps you can take to secure your visitation rights.

Meeting Your Son in School:
Given that your wife teaches in the same school and you have been providing financial support, it may be reasonable to approach the school directly to discuss your desire to meet your child on his birthday. However, you should do this with utmost respect for the school's policies and your wife's position.

Anik Miu
Advocate, Bangalore
10285 Answers
121 Consultations

Dear querist, 

time might be short but the order can definitely be obtained filing the custody case and seeking the visitation rights for the child. moreover a specific application under section 25 of Guardians and wards act can be filed in which you will be granted the right to celebrate the birthday of your child in school and it will be the court order. so, no one can stop you. The second option would be to serve the party a legal notice seeking visitation right of the child and give her one day only to wither assent in writing. if no reponse, file the case above mentioned. 

when litigations are going between the parents, schools are usually reluctant to allow it in case if your will approach them directly. so my advise would be the abovementioned recourse. 

Yuganshu Sharma
Advocate, Delhi
436 Answers
1 Consultation

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