LOSE CUSTODY IN INTERIM ORDER OF FAKE EMOTIONAL DV CASE
3 years ago
Wife ran away with kids...not returning since 6+ months in the house we rented (chosen by her) and not letting me meet daughter..Now filed fake domestic violence "emotional torture" case to threaten take custody as well as residence order to goin my parent's house (where more than 6 years back she stayed for somtime) but I do not live in that house nor have any legal ownership of that house..she not returning to house where we rented as per her choice and harassing to take over parent's house and custody of my child whom I have not been allowed to meet for months now ;((worse than terrorism this is and abuse of law which genuine women need....PLEASE HELP...;(((
1: Are interim custody and residence orders passed in first hearing?
2: How many hearings typically happen?
3: Will I lose custody and my parent's house via interim orders compromised though she not returning to house where I am living????
4: Have no time for lawyer now, so am going to go for hearing alone...hope that is not illegal to represent myself
Thanks a lot for your help...Appreciate it..
Ayantika Mondal @ Prime Legal
Responded 3 years ago
If you do not have ownership of your parents' house, then she cannot be granted permanent residence there.
1. They can be, depending on the case.
2. This depends on the nature of arguments put forth and how many issues must be discussed/resolved.
3. Custody can be tricky as Courts tend to favour the children's mother, and if she's filed a domestic violence case, this makes it harder for you to gain custody. Interim orders are not permanent and can be reversed.
4. While you can represent yourself, having an advocate with you makes the process much smoother and you have a much greater chance at obtaining a favorable outcome.
If you do not have ownership of your parents' house, then she cannot be granted permanent residence there.
1. They can be, depending on the case.
2. This depends on the nature of arguments put forth and how many issues must be discussed/resolved.
3. Custody can be tricky as Courts tend to favour the children's mother, and if she's filed a domestic violence case, this makes it harder for you to gain custody. Interim orders are not permanent and can be reversed.
4. While you can represent yourself, having an advocate with you makes the process much smoother and you have a much greater chance at obtaining a favorable outcome.
Ankur Goel @ Complete Law Shield
Responded 3 years ago
2: depends on fighting sprit, city
3: you can lose custody and parent's house via interim orders but interim order are temporary and not permanent. but instead of parents house you can give new rented house. what happened to her parents house.
4: if you want to lose then no need of lawyer
Hope this clarifies,
Advocate Ankur Goel (Complete Law Shield)
#YourLifeYourChoice