I have been married for 8 years . My husband has moved a custody and divorce petition four years before and have been granted an interim custody of my 4 years old son. I fought it by appealing in high court and there were a mutual agreement that my son son will stay with him for 4 days and 3 days with me. It was running smooth for an year my husband said one day he will not send my son. I moved an contempt petition in the high court and struggled a lot for 3 months to bring back my son and got a temporary sole custody. I am having custody of my son for an year and my son is faring well in education with good academic records and doing well in extra curricular activities such as Karate, yoga. As still the permanent custody and divorce is pending in lower court, my husband came up with the proposal for settling me with 15 lakhs and giving me the permanent custody of my son. I was very suspicious about his word on giving the whole custody. I felt the amount is meager and it is not a good one time settlement for me and my son. When the case came up on the court, I asked him in front of the judge, he said that he is not ready to relinquish his son and want to fight for the custody if it becomes contested divorce. I am not ready for any mutual agreement with respect to custody as my son is only 7 years old and i don't want my son to undergo the same pain of being dragged into two houses and between parents. I am very well qualified and if i resolve my custody dispute i can move abroad with my son which will be also good for my son's future. My son is everything for me, i told my husband that even i am ready live with him just as a friends or parents and he is not ready for it. I don't want to stay in the same locality of my husband after divorce and want to move abroad with my son. Having already seen a foul play from my husband i am not ready for any mutual agreement on custody matter as i have seen several doctypes where mutual agreement custody terms has bee broken. Now the question is
Shall i request the Family court judge to dispose the custody petition first and possibly agree for mutual consent later?
Hoping that i will get complete permanent custody with visitation rights to him, how can i move abroad later legally with my son?
Asked 4 years ago in Family Law