Visitation rights of grandparents
2 years ago
Parents of a boy, who is just turning 5 of age, gets a mutual divorce and the court gives the custody of the child to the mother. The court also grants the parental grandparents rights to visit the child twice ever month. Now the mother of the child is going to UK from India for better living standards and job opportunities and would like to move the child to UK after he gets his visa. Would there be an issue for the child to move to UK and if so can the mother approach the court to reconsider the visitation rights given to the grandparents considering the wellbeing of the child.
No. If you gain consent from the other parent to your move then it is not necessary to go to court. You could consider making the permission legally binding, just in case your ex withdraws their consent at a later date. Which can be done by lodging an agreed Consent Order with the Court.
If you don’t obtain consent, or your ex-partner objects to your move, you can consider collaborative options such as mediation. By working with a mediator you may be able to come up with an acceptable solution without the need to go to court.
If you still can’t agree then you can still proceed with your relocation without going to court. However, your ex can then apply to the court to stop your move, and you may have to go to court and prove that the relocation is in your child’s best interests.
The question that you have asked will put the court into a fix on how to decide if the grandparents are going to challenge the movement of the child to another country. I will not take chance here to judge anything but if it goes into the court then both the parties will have to bring the best of the arguments and reasons to win the case. I wish that whatever happens should be good for the child.
A.Dear Sir,
Yes, welfare of the child is important consideration, the rights may be modified or withdrawn.
Landmark Judgement pronounced by SC dealing with guardianship & custodial and visitation rights to parents and children stuck in matrimonial disputes
In a remarkable judgment dealing with interim custody of child suffering in parent’s matrimonial disputes, visitation rights and guardianship, a 2 judge bench of Supreme Court laid down various propositions of law while awarding the interim custody till final disposal by the trial court to the mother. The bench speaking through Justice Vikramjit Sen, lays down very sharp observations and examines various definitions of a ‘guardian’, ‘visitation rights’ and tests the issue from the angle of provisions of Hindu Minority & Guardianship Act, 1956 and Guardian & Wards Act, 1890.In a custody battle between estranged parents, a minor child, who has not completed five years of age, shall be allowed to remain with the mother, the Supreme Court has ruled saying that in such cases child should not treated as a "chattel". The court said that under Hindu Minority and Guardianship (HMG) Act, a father can be guardian of the property of the minor child but not the guardian of his person if the child is less than five years old.
The Court said that there can be no cavil that when a Court is confronted by conflicting claims of custody there are no rights of the parents which have to be enforced; the child is not a chattel or a ball that is bounced to and fro the parents. It is only the child's welfare which is the focal point for consideration. Parliament rightly thinks that the custody of a child less than five years of age should ordinarily be with the mother and this expectation can be deviated from only for strong reasons.
CHILD RIGHTS COMMISSION ACT 2006
http://www.kscpcr.com/eng_ver/actsandrules.php
The Karnataka State Commission for Protection of Child Rights (KSCPCR)
4TH FLOOR, KRISHI BHAVAN, RANI CHENAMMA CIRCLE
NRUPATHUNGA ROAD, BANGALORE-
Such Commissions are situated in Every State
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Bombay High Court
Forum For Fairness In Education An ... vs Union Of India And 2 Ors on 2 May, 2016
Bench: A.S. Oka
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
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