How to vacate a stay order in case if child custody mater


District family Court had ordered interem custody of my son in the week ends to me. I am the natural gardien of my son. My wife is expired. But my uncle, wife father got stay from high court. now what should I do, can i vacate stay order. main petition still pending in dist family Court. if I not vacate stay, is there any impact on main petition judgment. kindly give me advice.

Answers (2)


260 votes

Hi,
Firstly if their is stay then it has to be seen whether their is stay on the complete case of district court or only on the petition for grant of interim custody, check that first . Secondly you have to file a counter to vacate the orders of the honble high court . Surely if you dont file in the high court it may have impact on the seriousness of the case.

Thanks.


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337 votes

Dear Client you must get vacate stay order of High Court by engaging an advocate at High Court. Order of High Court will not allow you to visit your child. After disposal of the main petition you will get main order it may be in your favour or not depending on the contents and evidence of your petition.

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