Category Archives: legal articles

HMA breaking more homes than uniting

“The Hindu Marriages Act has broken more homes than uniting,” a vacation Bench of Justices Arijit Pasayat and G S Singhvi observed.

The apex court regretted that the growing number of divorce cases in the country was having a disastrous effect on children of families which get broken in such a manner.

“Ego should get dissolved for the sake of the child,” the Bench remarked even as the separated parents tried to air their views.

READ ARTICLE HERE

Why is it hard to get Shared Parenting Bills passed?

In 2004, a public policy question was put to Massachusetts voters regarding shared parenting. Shared parenting is a rebuttable presumption that parents should have joint physical and legal custody of children, which may be rebutted by evidence that one parent is unfit (i.e., he or she is drug dependent, violent, absent, abusive, neglectful, etc.) or that it is not workable through no fault of one of the parents.

The public policy question was put on about 25 percent of all districts and garnered 87 percent public support. Because the number of districts was so high, its accuracy as a barometer of public sentiment is beyond all reasonable dispute.

However, two legislative cycles after the landmark 2004 public policy question, shared parenting did not become the law in Massachusetts. Gov. Deval Patrick has publically indicated his support for shared parenting, yet that has not prevented shared parenting legislation from twice dying. Given such overwhelming support by the Massachusetts voting public and the psychological community, why hasn’t shared parenting been passed into law?

feminist extremists and greedy trial lawyers is the ANSWER

READ THE FULL ARTICLE HERE

NOW THE HIGH COURT HAS LOST IT

Two judges of the AP high court denied a mom visitation rights because her daughter said that she did not want to see her mom’s face when she visited

let us not rejoice just because the dad was the winner here. The sad part is that the judiciary has once again asked a child to choose between her parents and not paid any heed to potential parental alienation

The right to a parent child relationship is a fundamental right that cannot be treated loosely. Hopefully newly formed NGO’s like CRISP will show the judiciary the correct path when it comes to making custody decisions

READ ARTICLE HERE

Judge rules that father brainwashed son

KUDOS TO THIS JUDGE FOR UNDERSTANDING PARENTAL ALIENATION AND ITS HARMFUL EFFECTS AND INTERVENING ACTIVELY TO MITIGATE THE DELETERIOUS EFFECTS OF PARENTAL ALIENATION. I WISH MORE JUDGES ALL OVER THE WORLD INCLUDING INDIA WOULD SEE THROUGH WHAT ALIENATING PARENTS DO

A 13-year-old Ontario boy whose domineering father systematically brainwashed him into hating his mother can be flown against his will to a U.S. facility that deprograms children who suffer from parental alienation, an Ontario Superior Court judge has ruled.

Mr. Justice James Turnbull ordered the boy – identified only as LS – into the custody of his mother. He said that the boy urgently needs professional intervention to reverse the father’s attempt to poison his mind toward his mother and, in all probability, to women in general.

READ THE ENTIRE STORY HERE

No Win Situation

If a man has an affair with a married woman and produces a child and proves it by DNA, is he the father? Apparently NO as decided recently by the Kentucky Supreme Court.

If the father gives up and does not pursue a relationship with his son, his son will only know of him as his villain dad who knocked up his mom and then ran out. If he does pursue his case–as he has–he’s vilified as the intruder wrecking a loving family’s peaceful life. So, where does he go from here???

read the story here

The same court is expected to rule in favor of a father in another case. This dad was married to a woman and they had a son who they raised. Upon divorce it was revealed to the father that he was not the biological father but he wanted custody and wanted to be dad and was granted the same by a lower court.

read that story here

Torn by Distance, He wonders how far to take custody fight

Parents whose children are abducted internationally face very tough choices. Read the story of a father here who decided to give up the fight for the custody of his daughter because he felt that he should stay focused on what little he could control in his relationship with his daughter and his nightly phone calls to her and his quest for visitation rights abroad.

After reading this i think a lot depends on the woman involved. Unfortunately most shreemati 498A’s who abduct children are vengeant @#$%^& who are not rational and are out to sever all contact of the children with their fathers

This story is another example of a case where a US court ruled that the appropriate jurisdiction of the child custody dispute was in the country where the child had lived for more than 6 months. Apparently this was due to some international pact. Why can Indian courts not act in a similar way??

READ THIS HEART WRENCHING STORY HERE

FIGHT the 3 judicial biases against Moms, Dads and Kids

MYTH 1: amid the instability of divorce, children are best stabilized by staying in the home they are accustomed to with the parent who has been the primary parent.

Reality: One parent stability is psychologically destabilizing

MYTH 2: Even if judges believe children do best with both parents, but if they must live with one, mom is given the edge.

Reality: Children brought up by dad are more likely to do better psychologically, physically, academically and socially than those brought up by mom.

 MYTH 3: “If-the-couple-is-in-conflict-joint-custody-will-not-work”

 Reality: The more the conflict, though, the more important it is for the child to see both parents about equally, because conflict leaves the child vulnerable to feeling that the parent it does not see has abandoned it– does not love her or him. The less the child sees a parent the easier it is form a negative and caricatured stereotype of the unseen parent that leads to the child feeling negative about that half of her or himself.

LEARN MORE HERE