You need to obtain court orders for visitation rights for child
Pending Mutual separation which is in process - can a mother refuse the father to speak on phone / meet his minor child. What is the legal recourse ?
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1. Since the Mutual Consent Divorce process is underway, let the mother not refuse the father to speak on phone/meet his child, otherwise it affects the Mutual Consent Divorce.
2. The custody of child, division of assets, maintenance/alimony and any such issues can be amicably and mutually settled under Mutual Consent Divorce.
If there is no order towards the visitation rights to the father, then the mother can refuse to allow the father to visit or talk to the minor child.
It would be better that you enter into a memorandum of understanding for child custody and visitation rights in the same mutual consent divorce petition itself.
No, file a habeas corpus petition in the High Court or approach the family Court with an appropriate application under the Guardians and Wards Act. Do this though a lawyer
- As per law, the father being the natural guardian having his legal right to met and to talk with his minor child , and this cannot be refused
- However, if father is having some bad habits and which may effect the child , then the father can be denied to contact with the child.
- Further, if mother refused to allow father to talk with the child , then the father may approach the court for getting visitation right.
Dear client,
In India, the Guardians and Wards Act, 1890, generally governs custody cases. When it comes to a minor child's custody, both parents are equally entitled. Both parents have the right to speak and see their child if there isn't a court order limiting their ability to communicate or see them. But it's best to ask the court for clarification if there is a legal separation on the horizon. The father may petition the court for relief if the mother is restricting contact or visitation without a valid reason. In order to obtain visitation rights or the enforcement of already-existing rights, he may file a petition under the Guardians and Wards Act. When making decisions, the court will take the child's best interests into account.
Hope this helps you.
The lady has sent a draft for a Mutual Consent Divorce and is in a hurry and she is not allowing the father to talk to the children. She has blatantly said - first initiate process then only you will be allowed to talk to the children. How do we take an immediate legal recourse? Can a lawyer send a legal notice ? How do you put this on record - so that it can be brought out - in case the divorce goes into a contested divorce.
You can issue legal notice to wufe to permit visitation rights for child
dont file any petition for divorce by mutual consent until issue of visitation rights is resolved
As you have rightly suggested, send a legal notice to the lady directing her not to put any condition for the father, as he is a natural guardian. Since the marriage is still subsisting, as on date, both father and mother shall have equal rights over the children and one spouse can't dictate terms to the other spouse.
And what are the conditions in the MCD with respect to child custody?
It appears that she’s blackmailing you given the fact that she’s currently having the custody of the children and wants you to agree for the MCD any how. You can definitely send a legal notice and withhold your consent for MCD until you’re given the access to meet your children.
There is nothing wrong in issuing a legal notice to her to allow the father to visit the children and to have regular visits until the divorce case is disposed.
In the mutual consent divorce, you can also enter into a MOU towards visitation and custody arrangements.
You may not rush to sign the divorce papers yet until the matter is finalised.
- Since, she wanted divorce and due to the said reason she has sent you the draft of First motion petition to sign the same.
- If she is not ready to allow you to visit the child , then even you can mention before the court at the time of recording of statement in the first motion , and if she not ready then you can refuse for the divorce even before the court.
- Yes, you can send a legal notice to her after giving your conditions .
Dear client,
In India, you have legal remedy if your wife is preventing you from communicating with the kids during the divorce process. A lawyer can emphasize the right to access and visitation by utilizing Section 21 of the Protection of Women from Domestic Violence Act in a legal notification. Furthermore, the Hindu Marriage Act's Section 26 gives the court the authority to make temporary custody orders for children while divorce is pending. You may also refer to the Guardians and Wards Act's Section 11, which places a strong emphasis on the child's wellbeing. Keep track of any proof of communication denial so you can use it in the divorce petition as documentation.
Hope this helps you.
1. File a petition seeking your visitation right immediately.
2. Act based on the Order of the Court.