• Custody of child and immigration

I am separated from my husband and we have a 5 year old daughter who is living with me.He takes care of the child's expenses.we are going to file divorce in mutual consent.I need full custody of my child.Husband is ready for giving me custody.is that possible if he is paying for her education? Also I plan to migrate to canada soon.can I take my child along with me if I win the sole custody of my daughter or should I stop taking financial asistance from him so that I can get sole custody of my child? Is non-custodial parent's permission required to move the child to canada?
Asked 8 years ago in Family Law
Religion: Christian

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4 Answers

1. In MCD the spouses have the latitude of agreeing to any consent terms. The court will not question or modify the terms agreed to by you and your spouse.

2. After the conclusion of MCD your rights will devolve in terms of the court decree, so you will be free to migrate to Canada with your child.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

consent terms should contain a clause that you would have sole custody of the child and would be free to take the child abroad

2) even if husband is paying for child education you can have sole custody of the child

3)dont stop taking financial assistance from husband

4) if there is no clause in your consent terms you need husband permission to take the child to Canada

Ajay Sethi
Advocate, Mumbai
99813 Answers
8147 Consultations

Hello,

If you are filing a divorce of mutual consent then you will be finalizing the terms and conditions of such agreement, if the husband agrees that the custody of the child will remain with you and he will take care of the finances of the daughter then that can be done and there is no illegality in the same, as he happens to be the biological father of the child anyways.

Also upon the mutual consent divorce being decreed you can take the daughter to Canada.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

If you propose to dissolve your marriage by divorce o the grounds of mutual consent, then you both may draw a memorandum of understanding to be attached to the divorce decree.

In the MOU ther terms about the child custody, visitation rights to the father, funds for the education of the child etc may be reduced to writing in the MOU.

Further the rights to the mother to take the child to foreign country also may be decided or else the biological father may be advised to give his NOC for this purpose.

All such things which need to be taken care of the future interests may be mutually agreed as terms and condition for divorce on mutual consent in the MOU.

T Kalaiselvan
Advocate, Vellore
90014 Answers
2497 Consultations

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