My wife have took away my son and living with her parents so I filed a child custody case in family Court and the court has granted us visting rights as interim custody but my wife is not complying the court directions and she is not appearing in the court . Now which is the best option whether I should File contempt petition or wait for decree and then File execution .the child is 3 years old.
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1. If she is not complying with the court order then you have to file petition of contempt of court in high court for compliance of the lower court order.
2. Do this now and do not wait for final order.
You have got the order . So get it implemented.
1. Fie contempt petition immediately wherein she will be forced to appear and explain her refusal to comply with the Court order.
2. Order passed by the Court hearing the Contempt Petition will be of good use for you in influencing the judge who is hearing your child visitation case.
3. Mother is the natural guardian of her child up to his/her 5 years of agre for which you shall not get the custody of your 3 years old child now.
4. File a child custody case after your child completes his/her 5th year of age.
1) file contempt proceedings against wife for wilful refusal of wife to comply with court orders
2) your wife has to grant you visitation rights of the child
You never know when the decree will be passed. By the time the decree will come your child may be 10 years old. So file a contempt petition now.
shall I file contempt in high court or in lower court only??generally what should be my stand in it and how long does contempt case gnrly takes ?
You can file it in high court
2) it would take around 6 months to come on board for admission
3) wife would comply with lower court orders to avoid going to jail
1. File it before the High Court.
2. In High Court such cases do not take much long time if properly presented.
3. On receipt of notice of contempt case, your wife may immediately agree for complying with the Court order.
Contempt case is to be filed in high court only for non compliance of the lower court order.
It takes around six months time.