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False accusations after mutual divorce settlement
21-Apr-2025 (In Divorce Law)
I m suspecting a false allegations of child abuse from my ex-wife of child abuse (daughter 5yrs) after our mutual divorce and one time settlement last January.
What should be my defence as now i m scared to take weekend day time custody of my daughter as per my visitations rights agreed in settlement. Child is completely under her influence & get very scared of her.
In your situation, it’s important to ensure your rights under the mutual divorce settlement are not curtailed by unsubstantiated allegations. File an application before the family court seeking enforcement of visitation rights and bring to the court’s notice that such false allegations are being made maliciously. Simultaneously, record all your visitations and interactions with your daughter in a documented manner. If you fear arrest or legal repercussions, consider seeking anticipatory bail or legal protection.
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Adv. Devang Manjrekar
Mumbai | 100+ Answers
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it's better to take visitation in court or in a public place having cctv cameras installed. you can take visitation in malls or in children play area. or vice versa u can approach court for appointment of a counsellor for your daughter if u feel she is under your wife's influence.
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Adv. Jenal Bharat Busa
Mumbai | 100+ Answers
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Dear client based on your question ,
You can file an application before the family court seeking enforcement of your visitation rights, mentioning the apprehension of false allegations.
As per your query you are advised to take a legal help from a Senior Legal Advisor.
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Adv. Anish Palkar
Mumbai | 200+ Answers
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You must exercise your right of visiting the daughter regularly as agreed vide the said consent terms. Also, if there is poisoning of mind of the child by the mother then you can always challenge the same in the Court of law. Feel free to contact me for seeking any legal advice as regards the same.
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Adv. Prerna Shukla
Mumbai | 700+ Answers
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If you abide by the consent terms stringently then there is nothing to be worried of. If it’s day time custody keep a trusted relative with you while you spend time with the child and make sure your wife signs a time sheet that you maintain for the child access which says that you safely handed over the child post access. Nowadays law is not necessarily women centric.
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Adv. Pipli Datta
Mumbai | 50+ 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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