• Abroad visit with minor after divorce

I am divorced from husband for one year
My son is 14yrs old and is in my custody 
I am a serving defence officer
Want to visit USA with child for one month during summer vacation 
My Ex husband refused to sign NOC for travel permit 
Kindly tell solution as only two months are there for vacations to start
Thanks
Asked 1 year ago in Family Law from New Delhi, Delhi
Religion: Hindu

Approach the court from where you got custody and make application summon husband for harassing measure, ask your child to state in court that she wants to go with you

Aveek Bose
Advocate, Kolkata
994 Answers
5 Consultations

4.7 on 5.0

Hello,

The custody was given to you by the court?

If you do not have the passport then approach the passport authorities with the divorce decree and try and get the passport

Regards

Anilesh Tewari
Advocate, New Delhi
17268 Answers
267 Consultations

5.0 on 5.0

Hi, As per recent amendment the signature of Ex spouse may not be required for visiting abroad. Also you have the child custody and as a single parent, you may take the child to abroad. You may have to submit an additional affidavit for it.

Ganesh Singh
Advocate, Delhi
3272 Answers
9 Consultations

4.5 on 5.0

You can apply for permission for modification of condition of order of custody.

Approach high court by way of civil petition seeking modification of order for month permission the court shall grant it.

Shubham Jhajharia
Advocate, Ahmedabad
20887 Answers
81 Consultations

5.0 on 5.0

Then with a divorce copy and an affidavit apply for the visa

Anilesh Tewari
Advocate, New Delhi
17268 Answers
267 Consultations

5.0 on 5.0

Dear Madam,

You have to approach the Court again and seek such permission. It will formerly issue notice to your husband and allow your proposal.

Child support and child visitation are separate issues

After divorce, if your ex decides to discontinue or is incapable of continuing child support, it does not give you any right to withhold the visitation rights of non-custodial parent. In such a case, your behavior can result in your loss of child custody rights on the grounds of “frustration of visitation”. On the other hand, don’t let guilt of inability to meet child support stop you from meeting your child. Courts in India address the issues of child support and visitation separately.

· Relocation and Visitation

It becomes difficult to carry on regular visitations if the custodian parent decides to relocate to another city, maybe to his/her native place. It can also be a strategy to manage with the child support, which shouldn’t be intimidating and you should talk to your lawyer about it. Otherwise, communicate to your ex-spouse that the child’s needs the support of both parents.

Apart from keeping track of visitation schedule details, you should arrange your visitation with your child for fruitful meetings based on your child’s need. Remember that you had asked for visitation rights to meet your child and not for disturbing your ex’s life. Here are some advices to make visitation a comfort for everyone involved.

1. Advance notice to your ex-spouse

It is very essential since you both need some time to prepare to encounter each other before you meet again. To avoid any awkward or hurtful situation, it is better to inform your ex of your arrival in advance. Smooth out all bubbling negative emotions, before you come across your former spouse to let your child believe in your peaceful separation.

2. Be consistent in your visits

Inconsistent visits can be disrupting for your child as well as your ex. Moreover, it doesn’t serve the purpose of visitation. Remember that though you would prefer to visit your child for fun; however, it is your only chance of parenting them.

Be aware that your ex can appeal for modification of visitation rights in case you show any discrepancy in your behavior or visiting schedule without prior notice.

Kishan Dutt Kalaskar
Advocate, Bangalore
4688 Answers
134 Consultations

5.0 on 5.0

Have you been awarded sole custody of your child ?

Does your husband have visitation rights for child ?

If husband refuses to grant NOC for taking child abroad obtain court permission to travel abroad with your child

Ajay Sethi
Advocate, Mumbai
69022 Answers
4153 Consultations

5.0 on 5.0

Your custody order required NOC from husband. If yes then you need to move court for permission. If not then you don't need the same.

Prashant Nayak
Advocate, Mumbai
14516 Answers
24 Consultations

4.6 on 5.0

If there is a problem to arrange visa then you need to file a mendamus writ in High Court for the direction and then you may do the necessary paper work.

As the minor is in your custody this will be easily allowed by HC.

Vimlesh Prasad Mishra
Advocate, Lucknow
5683 Answers
19 Consultations

4.9 on 5.0

But consent of biological father is equally important

Aveek Bose
Advocate, Kolkata
994 Answers
5 Consultations

4.7 on 5.0

NO NEED OF NOC, THERE IS A RECENT JUDGEMENT OF SUPREME COURT WHICH PROVIDES THAT NOC FROM FATHER IS NOT REQUIRED.

Thanks & Regards,

Ramakant Singh

www.ramakantsingh.com

Ramakant Singh
Advocate, Delhi
36 Answers
3 Consultations

4.0 on 5.0

What's the arrangement with respect to the custody of your child in the divorce decree?

I'm afraid that you need to approach the Court and apply for sole custody and guardianship of your child. Only this will dispense away the requirement of seeking your husband's permission to enable you to take you child along with you to USA.

Vibhanshu Srivastava
Advocate, New Delhi
8734 Answers
144 Consultations

5.0 on 5.0

I have the passport of child

OK

Vibhanshu Srivastava
Advocate, New Delhi
8734 Answers
144 Consultations

5.0 on 5.0

Hi, you can file writ in high court..

Hemant Chaudhary
Advocate, Gurgaon
4310 Answers
31 Consultations

4.9 on 5.0

You can apply for visa as single parent or the sole custodian if you have got custody through court order.

Since this is a temporary and tourist visa the rules may not be very strict on this.

You may ignore the permission from his father and proceed as per your program.

Let him approach court for restrain order.

T Kalaiselvan
Advocate, Vellore
58863 Answers
745 Consultations

5.0 on 5.0

Dear Client,

You can apply to court, granted you child custody, by submitting undertaking, court will grant permission than NOC from father will not required.

Also, on behalf of Child ( minor ), Guardian, u can file Writ in High Court, for the permission.

Same permission may also be maintainable with First Class Magistrate/Executive Magistrate.

Or apply to Indian High Commission,

read below -

http://www.refworld.org/docid/403dd1f910.html

Yogendra Singh Rajawat
Advocate, Jaipur
14592 Answers
19 Consultations

4.6 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer