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Father to get the Custody of Minor Girl- Bombay High Court, Goa Bench PDF Print E-mail
Written by IN THE HIGH COURT OF BOMBAY   
Thursday, 15 December 2011 13:58

IN THE HIGH COURT OF BOMBAY  (GOA BENCH)

CRIMINAL WRIT PETITION NO.34 OF 2005 

3-3-2006  
(R.M.S. KHANDEPARKAR, N.A. BRITTO, JJ.)  
Mrs. Mandy Jane Collins 
Vs. 
James Michael Collins & anr.  
Appearances : 
*Shri Anil Malhotra for the Petitioner.* 
*Sarvasri M.S. Usgaonkar, Sr. Advocate, with S.G. Bhobe for the Respondent No.1.* *Shri S.N. Sardessai, Public Prosecutor, for the Respondent No.2.* * *
*Constitution of India, 1950 _ Article 226 _ Custody of child _ Minor child _ Illegal detention or unlawful custody _ Habeas Corpus petition _Maintainability of _ Alternate remedy.*
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Parents who abduct children should face longer in prison, says top judge PDF Print E-mail
Written by Tom Whitehead   
Thursday, 15 December 2011 13:40

Parents who abduct their own children could face life sentences because of the “unspeakable cruelty” they cause, the country’s most senior judge said yesterday.

Lord Judge, the Lord Chief Justice, dismissed a legal precedent that parents in such cases should not be charged with kidnap.

That could mean them facing life imprisonment instead of the current seven year maximum for child abduction.

Lord Judge said the maximum term for child abduction should also be increased because it currently does not meet “true justice”, especially for the other “loving parent” whose children are snatched away.

The call for a review came as he dismissed sentence appeals by two fathers who abducted their children and took them abroad "for very many years".

He said cases where fathers abducted children and took them abroad “have become increasingly troublesome”.

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Welfare of child vital consideration while entrusting custody PDF Print E-mail
Written by J. Venkatesan   
Thursday, 15 December 2011 13:37

While determining the question as to which parent the care and control of a child should be given, the paramount consideration remains the welfare and interest of the child and not the rights of the parents under the statute, the Supreme Court has held.

Giving this ruling, a Bench of Justices P. Sathasivam and B.S. Chauhan said: “While considering the welfare of the child, the moral and ethical welfare of the child must also weigh with the court as well as his physical wellbeing. The child cannot be treated as a property or a commodity and therefore, such issues have to be handled by the court with care, caution, love, and affection and applying a human touch to the problem.”

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Daughters of Narcissistic Mothers - A Painful Psychological Legacy PDF Print E-mail
Written by Linda Martinez-Lewi Ph.D.   
Tuesday, 13 December 2011 12:49

There are daughters of narcissistic mothers who have barely survived psychologically. In the extreme, there are daughters who starved themselves to death by anorexia as the only way they could find to salvage some small crumb of their existence. We know these daughters, even though their secrets of maternal deprivation and abuse are well camouflaged behind shining faces, glowing grades and strong professional portfolios. Trapped from early childhood, they are victims of a mother who was incapable of loving them.

The narcissistic mother is psychologically fused with her daughter. Her coldness and lack of empathy affect her child from the beginning. These mothers experience their daughters, not as unique individuals, but as extensions of themselves.

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Live-in couples can’t adopt kids PDF Print E-mail
Written by Chethan Kumar & Sandeep Moudgal   
Tuesday, 13 December 2011 12:27

Despite the Supreme Court observations that a live-in relationship is akin to marriage, the Karnataka government has said that a couple living together is not eligible to adopt a child.

The State Government’s stand has been clarified following its republishing of the Union Ministry of Women and Child Development’s notification of guidelines governing the adoption of children, 2011 on December 8.

The notification, a copy of which is available with Deccan Herald, makes it unlawful for couples in a live-in relationship to adopt a child. Under the additional eligibility criteria for prospective adoptive parents (PAPs) the notification said: “Couples in a live-in relationship are not eligible to adopt a child.”

And Ramesh Zalki, Secretary, State Women and Child Development Department said: “Both the parents need to be legally wed in order to adopt and the law is put in place keeping in mind the development of the child.”

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Custody fight abroad is a ‘losing battle’, dad says PDF Print E-mail
Written by dakshana bascaramurty   
Tuesday, 13 December 2011 12:25

Stephen Watkins had spent two and a half years dreaming of the reunion he’d have with his sons, who, along with Mr. Watkins’s estranged wife, went missing from their Toronto home in 2009.

But when Mr. Watkins was finally reunited with his boys in late November, the encounter was bittersweet: he said they were distant, angry and confused.

Alexander and Christopher Watkins, it is alleged, were driven by their maternal grandfather from Toronto to Detroit, flew with their mother to Germany and travelled from there to Poland in March 2009.

In 2010, the RCMP added the boys’ mother, Edyta Watkins (who was allegedly going by her maiden name, Ustaszewski, in Poland), to its most-wanted list and issued a Canada-wide warrant for her arrest.

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How To Lose Child Custody PDF Print E-mail
Written by Jacqueline Harounian   
Tuesday, 13 December 2011 12:12

As a matrimonial law attorney who regularly represents mothers and fathers in contested divorce trials, I have very some straight forward advice for parents going through divorce, and who are contemplating a custody action. More than ever, I am counseling mothers on how to not lose custody of their children.

From the outset, it is important for mothers and fathers to recognize that married parents of minor children start out with joint custody rights. This means that both parents have equal rights to their children, and the same right to pursue custody of their children in their divorce case. In a world where many households contain two working parents, and many fathers have an active role in raising their children, the presumption that mothers will automatically get custody no longer exists. In fact, statistics show that fathers who seek primary custody of their children are awarded custody 50% of the time. Custody laws are gender neutral, and this means that when the facts of a given case are applied to the governing law, a court may determine that it is in the best interests of the child to live primarily with the father, not the mother.

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Don’t divorce the child PDF Print E-mail
Written by Lekha Menon   
Saturday, 10 December 2011 12:20

For a recently divorced parent, reaching a consensus on child’s issues is no cakewalk. Read on as Lekha Menon speaks to a few parents who didn’t let their ego battle affect their children

It’s certainly not easy seeking access to your child when you are embroiled in a legal battle. Ask Guy Ritchie. Estranged wife Madonna reportedly issued a list of 12 dos and don’ts when their kids Rocco and David visited him in London recently. The rules included a ban on TV, drinking only Kabalah water, avoiding non-organic food, among others.

Visitation rights are always a tricky issue with divorced couples. How much is too much? Is there a tendency to use children as a weapon in your battle against each other? Or do you have the maturity to not let kids get affected even if the war of words turns ugly in court? We asked a few Mumbaikars who have walked the thorny path in the past, on how to ensure the process of parenting is smooth.

Read more...
 
What to expect in a child custody dispute PDF Print E-mail
Written by Ed Greenberger, THELAW.TV   
Saturday, 10 December 2011 12:12

It was the split heard ‘round the world: Jennifer Lopez and husband Marc Anthony recently announced they’re getting a divorce after seven years of marriage.

Not long after the announcement, tabloid reports began surfacing that Lopez would seek full custody of the couple’s three-year-old twins.

You might not be part of a Hollywood super-couple, but that doesn’t mean you won’t have the same types of custody issues if you get divorced.

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Fatherlessness on a grand scale – an open letter to Julia Gillard on the 2011 Family Violence bill PDF Print E-mail
Written by NCFM   
Wednesday, 07 December 2011 13:07
I would just like to thank Fathers4Equality for all the information and support your group has made available to me over the years, especially during the times when I felt completely dissolutioned and abandoned by the family law system in this country.

 Despite the hardships along the way, and for the one year when I was denied contact with my son because of false allegations of child sexual abuse, I now am happy to say that I have a very happy, co-operative and child-focussed shared parenting arrangement with my ex-wife, and have done so now for a number of years.

I however have recently been reading the news that the Gillard Labor government is set to replace the 2006 Shared Parenting laws with a set of malicious, archaic and bizarre set of laws that will presume all separated fathers as being violent and abusive, and from what I have read the legal test will now be subjective,  meaning that even provable facts will no longer be a defence for fathers.

 I write the following with a strong sense of despair, not for myself, because I now have an unshakable arrangement that both my ex and I, and especially our son, wants to continue.

Read more...
 
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