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Procedure for Cancellation of Visiting right of my ex-wife
14-Dec-2023 (In Child Custody Law)
Dear Sir/Madam, My wife and I separated in 2007 and had been divorced in 2009. My family consist my daughter and my old mother. The court gave the visiting rights to my ex-wife but till now she has not used that even once and she has been married and separated again from her second husband. My question is that I applied in 2012 for a passport of my daughter for which the passport agency asked to take the sign of my ex wife for which she came and signed the papers. But now after 4 years i have shifted to a new home and for changing the address the whole process would take place again. Please advise how to cancel the visiting rights of my ex-wife. This is to inform your goodself that my daughter does not know about her mother at all.
Dear Client, you are hereby advised to file cases and charge allegations against the same in order to cancel her visiting rights. For the same you have sit with lawyer and cook up some stories in respect of the same.
Helpful?
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Adv. Neeraj Dubey
Delhi | 25+ Answers
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I would like to advise you about the remedy which will be more effective than any other and that is you can either move a writ petition in the nature of quo warranto Oru order modification in case if custody order has been passed by High Court
Helpful?
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Adv. Siddharth Dev
Delhi | 200+ Answers
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Preliminary opinion on the limited facts as provided by you: You have an option to move an application for Permanent Custody of the daughter in the parent court which defined your custody as the custody rights are never absolute, it may change with circumstances and new development. Still, the visiting rights of the mother cannot be erased permanently except in extraordinary situation in which as a father you will need to put to the Hon'ble Court which has decided on the Custody Rights that the welfare of the child is only possible if this right of visitation given to mother is quashed. Since, in your situation the mother has not visited her daughter ever since the custody rights were defined , had remarried & separated only help build your case of sheer negligence and utter carelessness on the part of mother who has been a biological predecessor and nothing more to the child ever since the custody rights were given to her, which can be used to showcase that for the daughter's welfare and normal childhood the Custody Court must redefine the custody rights , therefore, it could be used in the submissions and application in the Custody Court.
For a comprehensive opinion I would need to know some basis information via documents such as:
1. Did you had a mutual divorce! If yes then the mutual divorce agreement else the divorce Order by the Court.
2. If the custody rights were decided in the mutual divorce agreement/ divorce Order.
3. If not then the Order of the Court under Guardianship and Wards Act.
4. Your and your ex-wife's recent place of residence and the place of residence since your separation.
For a comprehensive opinion I would need to know some basis information via documents such as:
1. Did you had a mutual divorce! If yes then the mutual divorce agreement else the divorce Order by the Court.
2. If the custody rights were decided in the mutual divorce agreement/ divorce Order.
3. If not then the Order of the Court under Guardianship and Wards Act.
4. Your and your ex-wife's recent place of residence and the place of residence since your separation.
Helpful?
48+
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Adv. Ramaditya Tiwari
Delhi | 100+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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