Parent Child Access Rights in Matrimonial Disputes – Non Custodial Parents
With the increase in cases of matrimonial disputes in the courts of India, it has become difficult to give proper & healthy upbringing to the children. For a complete multi-dimensional growth to become level-headed mature adults, a unified-family atmosphere is needed by children. Such issues are further amplified by petty matters like treating one of the parent as some kind of distant relative & asking them to pay for & submit applications for “visitation” rights, “maintenance”, etc. does in no way address the real issue of 24 hours parenting. The mere thought of making one parent as basic guardian makes the child’s heart deficient due to the other parent’s absence in his / her life.
NATURE vs. LAWS
Children need the warmth & surroundings of their parents 24 hours a day. Neither can a mother replace the father nor can a father replace the mother. It is a universal truth that both the parents are required for healthy growth of the child / children. However with forcing equality & equating mother with father & father with mother, the various institutions of law go with very frivolous arguments which become quite illogical.
HOW AGENCIES ACT AGAINST THE BEST INTERESTS OF THE CHILDREN
Though there are numerous laws for the betterment of children in Indian society, the ground reality is limited to showing concern only.
Children go through harrowing times seeing their parents fighting and separating. The Institutions make the situation more difficult & rather painful by not having professional counseling (for all the family members of both sides) and other means to let the child understand that the family is unified for them. What the child actually sees is the long drawn custody battle in courtrooms. It affects their view of life & hampers their healthy upbringing. The real issues get side tracked for commercial gain of others. At the end of the day, the very purpose of having a family gets defeated and kids are the biggest sufferers.
The Lower Courts, Child Welfare Committees, Commission for the rights of children, etc. somehow do not identify the breaking down of the marriage institution, of parents with children, as a crime. They accept it as a part of the society and there is no grievance redressal mechanism for the healthy growth of children in spite of having so many children friendly laws in the country.
PURPOSE OF THE SURVEY
The purpose of this survey is to collect some data regarding the ill-effects of marital disputes on child / children and positive effects of the parents presence with the child / children. It is also to seek suggestions on how to simplify and fast track the Child Access Norms, Laws and Procedures
MANDATORY SECTIONS IN THE FORM
SECTION 1 – INTRODUCTION
SECTION 2 – Brief SUMMARY about Your Matters. This is Mandatory to be filled up in FULL
Optional Additional Sections
SECTION 3 – Additional Information on Children / CHILD Related Matters
SECTION 4 – Additional Information about You & Your Spouse
SECTION 5 – LEGAL Issues in Brief
SECTION 6 – Final COMMENTS and Suggestions
INSTRUCTIONS TO FILL THE FORM
A) Each Section will take between 1-2 minutes to fill up. Please read the questions carefully & fill up
B) After you submit the form, you will have option to go back and edit your responses (just in case)
C) Most Sections are separate as there are the following people who are crucial to this subject who have been addressed
1. Parents (You & Your Spouse)
2. Child / Children Themselves
3. Your Families, Friends, Office/Occupation
4. Courts, Police, Judiciary, NGOs, etc.
D) Many questions are divided into three stages-
1. Before Separation – This is the period when there was no conflict and things were complimentary and constructive in the marriage.
2. During the Conflict Period – This can mean any kind of conflicts & assumes separation. This includes the period of court cases.
3. After conflict resolution – This is after all the matters are settled & all court cases resolved.
Hence, In case you are in the stage 2, then please fill up only till the 2nd stage. For the 3rd stage please tick the “Not applicable” option.
E) In the last 2 sections, FATHERS’/PARENT’S / USER COMMENTS, RATINGS & FEEDBACK
Comments are welcome in the last section. Please feel free to give your suggestions on various aspects of child rearing, matrimonial disputes, the way the agencies should work, WRT the upbringing and healthy growth of children and keeping a healthy parent-child/children relationship.