(These are some of the commonly asked questions and thoughts occurring in the minds of non-custodial parents found by us.)
1)When a family dispute is raised between parents is it not an obligation of the family court to first consider immediate access of the child to the non-custodial parent in the welfare and the best interest of the Child to get love & affection of non-custodial parent right from the tender age or whatever age itself?
If Yes
Then why the question of access is not given importance by courts immediately at the stage when a family dispute is raised and only access for 1 Once or 2 Twice a month is given that too for few (2) hours at children complex room?? It means if access is given for 2hrs. once in fifteen days then in 1year a non-custodial parent gets to meet the child for only 48hrs. What kind of bond, love, affection a child will have with the non-custodial parent and who because of lack of access becomes as good as a stranger in child’s life? Why isn’t the family court helping in this aspect? if the bond is not established at the tender age itself the child will lose the non-custodial parent forever due to constant mind poisoning, brain washing and tutoring by the custodial parent.
2)Why all the access during Every weekend, major festivals, family functions, birthdays etc is not decided in the initial One Single hearing immediately upon application??
Why can’t the family court draw a plan to grant uniform overnight access on weekends to every non-custodial parent?
If granted in one hearing then it will save court’s valuable time ensuring the right of the child as well to get the love and affection of the non-custodial parent.
3)Family court are granting custody to the mother as a rule can the family court still indulge in gender bias presuming that mother is best suited for the child’s custody ?
Today in modern era, a person can work from home or even on chair with the help of mobile, internet computer communications etc. and can also take care of the children it is not necessary to have a full time job to earn money.(e.g. artiste, technicians, free lancers) they work from home. Still they have to fight to have access to their children at home, while getting the custody is a distant dream.
4)It is found that more often than not the family court is interviewing the child which has a negative effect on the child thus by interviewing the child whether courts can be the executor of the wishes of the child in custody battles who is not his own master, especially at a tender age is not capable of forming an intelligent, prudent and well-reasoned preference of a parent, in the interest and welfare of the child?
If the child does not want to go school or take medicines or injections will the court accept that and execute what child says..??
5)We have experienced that Order of the 1st floor, 2nd floor Court etc are not made applicable to the other floor (Court) situated in the same building premises of Family Court?? Is this permissible as If the Order from Mumbai High Court has weight age or made applicable in similar cases at Goa Court then Why can’t the same principle be applied here?
6)We have experienced that even when High Court has passed the orders and directed party to approach family court if high court order is violated then why the family court are not executing the orders passed by the higher court and instead of execution of high court order counselors report etc are called and matter is being adjourned ?? The justice delayed is as good as justice denied. Delaying in executing or enforcing the order will demean the very being existence of the courts. More People will flout the court orders.
7)There are cases when the family court issues directions like a direction to produce the child in the court – such an order is not obeyed on one pretext of the other is the family court not bound to suo motto issue notice of contempt ? or just adjourn the matter without hearing ?
8)If it is either admitted or discovered that the custodial parent is involved in immoral profession such as prostitution or drug abuse/trafficking or pedophile etc? Whether the Family court is not bound to act immediately while deciding the child’s custody to remove the child from such unhealthy environment?
9)For a betterment of a Child’s Welfare is it not advisable to have a Child Psychologist / Psychiatrist supervising the access regularly at children complex room to help develop a bond between the child and non custodial parent and identify and counsel the child when it is found that the child is being tutored and the mind of the child is being poisoned by the custodial parent to alienate the child from the non-custodial parent and avoid such alienation ? And if the child does not bond well due to the mind poisoning of the custodial parent then the same can be brought immediately to the court’s notice by the supervising child psychologist.
10)Why it is not mandatory to have psychological evaluation of both the parents before deciding the custody matters??
In some of the western countries psychological psychiatrists test are mandatory. So that a fit and balanced parent is entrusted with the custody of the child.
11)Whether court counselor is not duty bound to counsel child to ensure access especially in case of bad tutoring against the non custodial parent? Why counselor report to family court often kept as secret not shown to the litigants?
Further, whether court counselor has right to recommend, to whom the custody court has to grant? A common practice in family court, where court gets heavily influenced & counselor becomes power centric & almost asserts judicial powers
12)Should Maintenance be the criteria to decide the access??
If a father is temporarily unemployed and unable to pay maintenance then should a child be deprived of his right to spend time with the non-custodial parent ?
13)Why festival access is not given at home of the non-custodial parent??
the custodial parent mostly objects to access at home to settle scores. The child can be send through by some other person or the non-custodial parent can pick up and drop back the child.
14)Is this not a Moral Responsibility of everybody including all lawyers to not deprive a child to spend quality time with a non-custodial parent? As child is not responsible for the dispute between the parents Thus If it is our moral responsibility then why lawyers do not play an important role in the child’s life thereby help in creating a healthy relationship. Lawyers can make their client understand to allow a child meet the non-custodial parent as often as possible. I am sure If all the lawyers play a positive role and insist on the healthy access to the child then the custodial parent will also be generous and forthcoming. Some Criminal Lawyers who have no experience in handling sensitive child custody and access matters, need to be trained and sensitized while handling these matters with a Human Touch. There is a Need to Appoint Special Child Lawyers to look into the best interest and welfare of the children.
15)Is it not possible that if frequent / more / healthy access is granted then child will no longer be used as a negotiating tool? It is quite possible if a healthy access is granted to the non-custodial parent the child will no longer be used a pawn to settle scores. There are chances that the couple will interact often and may be willing to settle together for the sake and happiness of the child.
16)Should not the non-custodial parent be permitted as a gesture of love and affection for the child to give toys, gifts, clothes, sharing of school fees etc Whether custodial parent has right to refuse thereby denying love & affection and development of the child. Why the non-custodial parents are not allowed to even click the photographs of their own children in the children complex room if the custodial parent objects?? Are the courts right in depriving the non custodial parent the right to cherish the moments they would want to treasure?
17)Is it not possible that if frequent / more / healthy access is granted then there will be more interaction between spouses and the chances of reconciling their difference will also increase and the rate of divorces will be reduced. An entire family can be thus saved from being destroyed.
18) If Senior citizens are given so much priority in life why it is not mandatory to give access to Grand Parents at home so that the child gets their love, affection, and moral values from them. The Grand Parents (Senior Citizens) too are deprived to see their grandchild during their last stage in life.
19)Why a custodial parent is not made responsible or obliged by court to create a rapport / bond between the child and non-custodial parent??
If responsibility is put by way of shifting the custody from the custodial parent to the non-custodial parent for poisoning the mind of the child and tutoring then this will act as a deterrent and custodial parent will not poison the child’s mind against the non-custodial parent.
20)Why does family court take an unduly long time to Grant additional access??
If healthy access is not given immediately then a bond between the child and the non-custodial parent will not be created and the child will have a prejudiced mindset towards the non-custodial parent.
21)Do we not feel that that there is need for enhancing and promoting orientation programs for judges, counselors, lawyers of family courts to be conducted by psychologists and psychiatrists to sensitize them to child related issues.?
22)If the access time given to the non-custodial parent belongs to the non-custodial parent alone, can they spend the said time as per their wish??
If yes, then why non-custodial parent are not allowed to click the photographs of their own child in the children complex room (which could be the only memories they can cherish.) nor they are allowed to feed their child with home cooked food nor they are allowed to take their parents who are senior citizens (the child’s grandparents) to meet the child as the custodial parent / mother objects.
23)why do court counselors and judges always give priority and listen and act as per the sole wishes of the custodial parents?
If the custodial parents objects the non custodial parent cannot click the photographs nor feed the child nor the custodial parent can take the grandparents to see the child. The counselors, judges give in and succumb to the wishes of custodial parent ie. Mostly mothers.