CUSTODY OF CHILDREN

CUSTODY OF CHILDREN

 AMA  (Association of Mediation & Arbitration)

A Marital breakdown of a Muslim couple in Kerala after getting divorced by their religious procedure ratified by the Family Court found it rather difficult to get a right order in respect of the custody of children in the slow paced procedure in Family court, approached us and undertook that they are ready to resort to third party mediation to the effect of the custody of their children.

Now it would be ideal to disclose some things that happened incidentally during and after the process of divorce. Before getting divorce Fathima (estranged wife) took her two children from her husband’s family and later after she got married to her paternal cousin who has already been divorced because of his impotency. The separated husband Sajad and his family petitioned to their Jamaath committee and Family Court for the custody of the children. Meanwhile Sajad remarriage took place.

Both were dragged to file their claims in the Family Court. During the pendency of the case both family were guided and led to our mediation centre Association of Mediation & Arbitration (AMA).

RESOLUTIONS

Mediation is the most suitable ADR method in resolving the issue related to the custody of the children.

The significant causes for the divorce between Sajad and Fathima have to be taken into account during the Mediation. Sajad’s addiction to liquor and his lack of education are really adverse factors which to a great extent blocks the claim of Sajad over the Children’s custody

But as a father and on the base of his kid’s mother got remarried, natural law permits his claim over the children’s custody.

The relevance of Mediation is reflecting in this situation. Mediation takes charge of the conflict in a way so as to make a congenial atmosphere, for the kids growth and shaping good natured characters, should be given more priority than finding justice over the claim of respective father and wife in the Court litigation.

In the true spirit of the scientific mediation, the atmosphere in which the kids should grow physically and mentally should be taken into consideration. They are entitled to receive the love, affection and regards from their estranged parents. It is the Mediation’s prime deliberation to take care of the children’s mind not falling prey to the subjugation caused by the estrangement of their parents apart from the safety of their future life, getting adequate education, widening their though process, to love others etc.

These above suggestions raised out of the negotiations between two counsels of the husband and wife (where the spouses deliberately abstained from the proceedings and being represented by their respective legal counsels) in the presence of a skilled Mediator.

The suggestions initially not accepted by Sajad, the separated husband , but advised by the counsel and latter the mediator which made him little bit convinced and as a responsible father he agreed to sign the agreement. Fathima found the suggestions more reasonable for her and children and it was accepted without a second thought.

We will see how far Mediation would succeed in bringing the above cited prerequisites for providing, safety and sense of living, to the children?