Visitation rights what are?
by DigitalOpeners
05 Oct 2021
Business Management
Visitation rights are the legal and human rights of a Guardian, to meet, contact and to reside with the child for some time and to give love care and affection to the child, which is necessary for his/her mental and social growth.
Who can apply for these rights?
Any of the parent or other relatives of the child (if parent not alive) can apply for visitation right.
Where the application should be filed?
Application for visitation right can be filed under section 12 of the guardians and wards act 1890, before the civil court, where the child ordinary reside. In exceptional cases through writ Habeas corpus, visitation rights may also be granted by High court.
Can any parent/guardian be denied from visitation rights?
No. If any parent is having custody of the child than other parent have the legal right to meet the child. Hon'ble supreme court says that other parent who is not having the custody, must be ensured sufficient visitation rights.
Visitation rights includes
- Meeting with the child
- Talk with the child on phone
- Video calling
- Enjoy holiday with child
- Attend parent teacher meeting
- Reside with the child for some time
- Overall visitation rights must be of such type, which could ensure that child must feel that he / she is not mentally / socially disconnected with other parent
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