Custody And Interim Relief
Summary
In cases involving custody and interim relief, if a Magistrate Courts order for interim relief is not being followed, you can file an enforcement application or a contempt petition in the Magistrate Court. The Family Court may not enhance interim relief if the Magistrate Court has already issued an order. To challenge custody, emphasize the childs best interests and provide evidence of any domestic violence or the husbands drunken behavior. Document incidents and gather evidence to support your claims in court. Consider consulting a family law attorney for personalized legal advice.Full Conversation
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It appears that there is a significant issue with non-payment of interim relief by your son-in-law. Here are some legal points to consider:
- Interim Relief Enforcement: The Magistrate Court's order for interim relief is still in effect. You can file an enforcement application in the Magistrate Court for recovery of unpaid interim relief.
- Family Court's Jurisdiction: The Family Court may not enhance the interim relief if the Magistrate Court has already passed an order.
Have you considered filing a contempt petition in the Magistrate Court for non-compliance of the interim relief order?
how to stop custody to husband
To address your concern about stopping custody to the husband, consider these points:
- Non-Compliance of Interim Relief: File a contempt petition in the Magistrate Court for non-payment of interim relief.
- Best Interests of the Child: Emphasize any evidence that the child’s best interests are not served by granting custody to the husband.
- Domestic Violence: If applicable, provide evidence of any domestic violence issues that could impact custody decisions.
Have you gathered evidence to support the claim that the husband's custody is not in the child's best interests?
her husband drunk
To address the issue of stopping custody to the husband:
- Non-Compliance of Interim Relief: File a contempt petition in the Magistrate Court for non-payment.
- Best Interests of the Child: Gather and present evidence showing the child’s best interests are not served by granting custody to the husband.
- Domestic Violence: Provide evidence of the husband's drunken behavior and any related domestic violence issues that could impact custody decisions.
Have you documented any incidents of the husband's drunken behavior or domestic violence?