Facts:
After being divorced for 4 years, the father of a child filed an application to vary the custody order obtained during their divorce where the father is seeking to reduce the visitation days allowed to the mother from 3 days of day access per week to one day per month.
The father is trying to vary the custody order on grounds that the mother’s nature of work is indecent and would affect the upbringing of the child. The father argued that the mother is working as a content creator filming sexual contents and therefore indecent in nature.
We represented the mother in defending the application. We argued that a mother’s right to access her child should not be simply deprived without good grounds and the reason that the father is trying to vary the custody order cannot be justifiable.
We submitted that the mother’s work as a content creator is a thing of the past and she is now working in a respectable industry. The act of the father bringing up past actions to injure the mother’s reputation is a mala fide one. The child would not have knowledge about her mother’s past actions if not for her father telling her about the same.
We also submitted that the rights of the child to access her mother should not be injured because of an act of revenge by the father where the father filed this application against the mother with mala fide intention.
Upon evaluating affidavits and arguments from both parties, the Court finds that the father’s reason to vary the custody order is not good grounds and a mother should not be deprived of her rights to access her own child.
We successfully defended the father’s application where the Court ruled in favour of the wife and ordered for the mother to be allowed overnight access, which such access was previously not allowed in the custody order.
