• Parental custody and settling in abroad

Dear Sir,

I got divorced and gave custody rights of my 5 year old son to my wife. I got visitation rights for every week and 30 days stay with me in a year. I suspect she is trying to get PR in UK. In that case, is it possible to take my child without my permission. Kindly advise.
Asked 4 years ago in Family Law
Religion: Hindu

3 answers received in 10 minutes.

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12 Answers

Visa would not be issued without your consent

Since court has awarded you visitation right UK authorities would insist on husband consent before grant of visa

Ajay Sethi
Advocate, Mumbai
87915 Answers
6207 Consultations

5.0 on 5.0

Hello,

If the visitation rights has been given to you then without your consent she can not take the child to UK. You may inform the UK government about the same and also the passport authorities in india.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Your wife cannot violate your visitation rights as that also amounts to contempt for which you will have to file a contempt petition and execution petition simultaneously.

To be on the safe side, you should file a suit for injunction against your wife restraining her to take your child abroad, without seeking the permission of the court.

If she goes against the order of the court, you can file a comtempt petition against her.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

The UK government shall not give assent on the VISA of the Kid without the permission of the father further to on safer side you can file an injunction before the court restraining your wife from leaving the country with the Kid.

Further in case she leaves country without consent that amounts to contempt of court and a contempt petition can be filed.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. It will not be legally right on her part to take away your child abroad without your consent or the approval of the Court since it will impair your visitation right.

2. File a petition before the same Court praying for a direction upon your wife to handover possession of your child to you when she will go abroad.

3. Even if she does not get PR in UK, she can not go abroad with your child without your consent of Court's approval.

4. Act as advised above.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Dear concerned

No your wife cannot take him without your permission . Infact as he is 5 year old now you are legal natural gurdian and hence you can claim custody of you have not renounced it previously.

Best of luck

Atulay Nehra
Advocate, Noida
1282 Answers
58 Consultations

5.0 on 5.0

She has to take NOC from you or she has to file for full custody of the child from the court.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Yes, the possibility looms large. Please file a petition in the family court through your counsel for an order restraining your wife from doing so.

Swaminathan Neelakantan
Advocate, Coimbatore
1920 Answers
20 Consultations

4.9 on 5.0

Not without permission, but once you have credible information that she is in the process of getting a PR, file a petition under GW&C Act.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

hello,

the court granted these rights to you as per the circumstances then prevailing but now if you are apprehensive of such a move you should clarify this with her and then move an application stating the above. an arrangement has to be worked out in such a case by the court. she cannot take away the child without your permission.

regards

Rahul Mishra
Advocate, Lucknow
13757 Answers
65 Consultations

5.0 on 5.0

As pr law she has to obtain NOC from the biological father of the child to take it to abroad.

If you apprehend this situation you may file a suit seeking injunction against her from taking the child with her to abroad without your permission or consent or NOC.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

1. Since you have only got visitation rights instead of custody or shared custody you cannot stop your ex wife from taking the child with her out of India.

2. She does not require permission from you to take him out of India unless there was a clause to this effect in the mutual divorce decree.

3. You can file a petition in the competent court in UK to seek visitation if she denies you child access.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

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