NFHS is joining a Nationwide Boycott of the Family Courts called for by All India Men’s Welfare Association (AIMWA) on 18 June 2010 as a sign of protest against the Family Court system which blatantly discriminates against fathers, heartlessly separates them from and prevents their access to their own biological children.
We concur with the recent observation of the Hon’ble Supreme Court of India that “the Hindu Marriage Act is breaking more families than uniting”. We would like to add that the worst sufferers of the Indian Family Court system are fathers and children. Indian Family Courts have declared a war against fathers and are adopting every possible means to create a “Fatherless Society”. The modus operandi of the Family Courts includes:
* Depriving fathers of the right to love and care for their biological children.
* Forcing fathers to pay huge sums of money to support children they are not allowed to see.
* Encouraging false allegations of abuse to paint fathers as unfit parents.
* Permitting multiple legal battles by mothers to eliminate biological fathers from their children’s lives.
* Passing ex-parte orders based solely on the allegations made by a child’s mother.
* Allowing mothers to brazenly disobey visitation orders without legal repercussions to her.
* Allowing biological fathers to be labelled “kidnappers” for trying to make contact with their own children.
* Prolonging custody/visitation matters for years, thereby driving fathers into financial and emotional bankruptcy and forcing them to give up the desire to see their children.
It is time everyone recognizes that:
- Denying access to one’s own biological children is abuse of human rights.
- Depriving children of the love and care of their biological father is abuse of children’s rights.
NFHS hereby registers its vehement protest against the separation of fathers from their biological children, and the concomitant violation of Human Rights perpetrated by the Family Court system against fathers and children.
NFHS shall continue to agitate against the Family Court system until the following demands are met:
* Special fast-track courts should be set up at the earliest to deal with custody issues.
* Exclusive, fully functioning Divisional Bench should be set up in all High Courts and Supreme Court to hear appeals in matters of child custody.
* When a person or couple approaches court for divorce, counseling of the parents by professional counselors should be given first priority.
* Except in extreme cases of violence or unhealthy behavior by either partner, children should be given equal and meaningful access to both parents and grandparents on both sides.
* Both parents should be given financial responsibility of the child proportionate to their earnings and not based on demands made by either partner.
* If a partner prevents a child from having equal and meaningful contact with the other partner, they should be counseled first to understand the importance of equal parenting and the best interest of a child.
* If either partner repeatedly disobeys orders of equal access and meaningful contact with children, then the children should be placed in the full custody of the partner who will allow equal access to the other parent.
* Similar to the way the granting of maintenance to an estranged wife is made as a rule irrespective of whether she erred or not, granting 50% parenting should be made as a rule irrespective of whether the father is paying the maintenance or not, whether he has erred or not.
* 50% child custody should be a Right of the Father rather than an option. 50% child custody should be started from the 2nd year of the child. No father should be rejected of the 50% child custody even if he is a criminal.
* Maintenance should be denied to the wife if she rejects 50% child custody to the father.
* Family Courts should ensure that Child will not be used as a bargaining tool for maintenance & alimony by the wife.
NFHS hereby calls upon all fathers to
- Join our Nationwide Boycott of Family Courts on 18 June 2010 as a symbol of protest against the creation of a fatherless society!
- Sign our Petition listing out the changes we demand from the Family Court system in child custody matters!
- Refuse to pay maintenance and child support unless the aforementioned demands are met!
Settle for nothing less than free and fair access to their children and an equal opportunity to build a meaningful relationship with their children!