Ankur Bhatnagar
Asked October 25, 2016

Child refuses visitation

  • 4 Answers
  • 986 Views

What legally can a father do if 11 year girl child is brainwashed by mother and refuses to meet father. Can parenting plan of courts gives rights to father even after child refusal to visitation.

Answers 4

You can make an application in court stating the same. The child counsellor can talk to the child and the reason can be found for not meeting you. if you can prove that it's your wife is not permitting the child to meet you then too you need to approach the court for alternative solution.

Agree Comment 0 Agrees almost 4 years ago

On the ground of tutoring, you may file an application for court to interview child in camera ( in absence of parents and their advocates) so as to precipitate the truth and then go from there.  In case the court finds that the child was tutored, your visitation will be allowed but if denial of visit by child was well understood by the child herself, then I doubt if any court will allow. 

Agree Comment 0 Agrees almost 4 years ago

The visitation rights are determined by a court order and non implementation of such order may be regarded as an offence. In this case you may initiate a Contempt of Court suit against the mother on the said grounds of deliberate brain washing of the child and consecutive  prevention of Court order.

Generally, a minor does not have much say in matters of custody and visitation and attainment of majority, ie., more than 18 years of age is essential to decide one's custodial relations. However, custody as well as visitation rights towards a child are largely based on the child's interest. This has been recognized in many cases, including the case of R.Swaminathan v. Sivagowri. Hence, if it is established that the child genuinely does not wish to comply with the visitation order and if such visitation affects the child in a negative manner, then the order may be altered accordingly.

Agree Comment 0 Agrees almost 4 years ago

HI 

On the ground of tutoring, you may file an application for court to interview child in camera ( in absence of parents and their advocates) so as to precipitate the truth and then go from there. Then the court will appoint a counsellor to meet the child and discover the reason why he/she not willing to visit you. In case the court finds that the child was tutored, your visitation will be allowed but if denial of visit by child was well understood by the child herself, then I doubt if any court will allow.

but since every case has its merits and circumstances. the court can order in your favour if it is presented &twisted well. 

for further details you can contact me with full details of the case.

Twinkle Kataria, ADVOCATE

Agree Comment 0 Agrees over 3 years ago

Please Login or Register to Submit Answer

Directory ads
Need to talk to a lawyer?

Book a phone consultation with a top-rated lawyer on Lawfarm.