Withdrawal of child custody case and its consequences

939 votes

Dear Concerned, You can comfortably withdraw the case without any problem or without paying any cost to other party. Do it this way… Just file a Memo in Hon’ble court seeking permission from court to withdraw your case, and also mention that you will file a fresh petition at later stage. This way your case will be closed further you will always have chance to file a fresh petition again at later stage if situation thus arise. You don’t need to pay anything to other party for other party legal expenses.

Advocate Moizuddin Ali Ahmed LawRato

798 votes

There is no chance of filing damage / civil / defamation cases. However, it reflects your conduct before the court about your responsibility towards your children and wife. However, you may continue the litigation and the same be concluded by the court. Nothing loss would arise.

Advocate N Venkateswara Rao LawRato

838 votes

Hi
Any withdrawal of custody of child petition does not result in Damage/Civil/Defamation.
You can withdraw the petition on the grounds that you do not want to cause hardship to children and instead choose to compromise the matter in interests of children.

Advocate Rajagopalan LawRato

738 votes

Though your apprehensions are true, however to keep your safety as priority, it has to be quit in a procedural manner. we need to know the stage of case to advise you on that. keep in mind that any wrong decision shall not mar your chances for future.

LawRato LawRato

492 votes

Withdrawing a child custody case is possible, but it involves specific legal procedures and considerations. Here's how you can go about it:

1. File a Memo of Withdrawal: You can request the withdrawal of your child custody case by filing a "Memo of Withdrawal" before the family court where your case is pending. In this memo, you need to provide valid reasons for the withdrawal. The court will review your request, and if it finds the reasons acceptable, it may allow the withdrawal .
2. Consult with Your Attorney: It's advisable to consult with your attorney before taking any steps. They can guide you through the process and ensure that your withdrawal request is properly prepared and presented to the court.
3. No Penalty for Voluntary Withdrawal: There is generally no penalty for voluntarily withdrawing a child custody case. You have the right to withdraw your plea before the court makes a final decision on the matter .
4. Consider the Consequences: Before proceeding with the withdrawal, carefully consider the consequences. Withdrawal may affect ongoing child custody arrangements, visitation rights, and other related matters. Discuss these implications with your attorney.
5. Consult with the Other Party: It's often a good practice to discuss your decision to withdraw with the other party involved in the case. They may have their perspectives and concerns.
6. Follow Court Procedures: Ensure that you follow all court procedures and timelines for withdrawing your case to avoid any complications.

Remember that withdrawing a child custody case should be a well-thought-out decision, and it's important to consider the best interests of the child involved. Consulting with an experienced family law attorney can provide you with the necessary guidance throughout the process.

Advocate Chikirsha Mohanty LawRato