My husband is not willing to co-operate for child custody or any matters relating to need for children eg. non-cooperation for supporting documents for minor child's passport renewal. He has abandoned home since Aug 2022. I have already filed application in Court for custody, he does not want children's custody but is draging matter and causing mental pain. How can I get child custody expedited in 1-2 hearings? I already have filed for child maintenance and DV from more than an year and there is no movement on even the custody part of things which is affecting my children and me
Dear Client, To speed up child custody hearing, confirm that all the documents you filed in court are in order, especially stressing on your husband’s abandonment of your children and his lack of cooperation. As per the Guardians and Wards Act, 1890, the court’s duty is to determine what is in the best interest of the child. You can seek an interim custody order to move fast for a hearing and ask your husband to produce necessary paperwork for the child’s passport renewal, any refusal from the husband 's side becomes a sign of neglect. Hiring the lawyer who has the expertise in family law will assist you in going through the process efficiently. Although it does not apply to all the situations, it is advisable to rely on the Hindu Minority and Guardianship Act, 1956 as they grant mothers custody of young children. Hope you find this advice beneficial.
Dear Madam, You have option to get an ex parte order from the court if your husband not responding properly. You may appraoch a senior advocate to get such order. Secondly, for early disposal of entire case, you have to file a writ petition or the similar petition before the High Court and get a direction to dispose of your case within next 4 to 6 months. Family cases are supposed to be completed within 12 months as per the circulars issued by the Government and High Courts.
1) You do not require both the parent’s signature or approval of minor child's passport renewal, a single parents can do the same. 2) Let us know who is currently having the child? 3) You can get the child custody in 4-6 hearings if you change your lawyer. 4) For the DV case and child maintenance you will have to change your lawyer. Contact us for more details
