Seek court orders restraining wife from taking child abroad without your consent
My extranged wife wants to take our baby to India does she need permission and also I think she may want to leave her there. She has residence order I pay child support
We are not divorced.... she also refuses me access to the baby even though I’m paying £400 a month child support... what can I do? I have Vritish passport she has Indian passport
She is thinking of leaving baby with her mum in India and returning here to work
IF return back without baby, you can approach court for directions. At least you are entitle to visitation of child. If she will stay in UK than liable to honor court order otherwise prosecution.
if court grants an injunction wife will not be able to take child abroad
if court grants an injunction wife will not be able to take child abroad
if court grants an injunction wife will not be able to take child abroad
You can file an application before UK court to stop her from taking kid away as this may hamper your right over kid.
Hello,
1) As she is the natural guardian and being the mother having physical custody does not require permission odd the court to take the child to India unless there's any order of the court directing other wise.
2) For access rights, you must move an application before the same court, also calling to attention the residence order and maintenance you have been paying.
3) If you have objections about the child being taken away to be with her parents, you must approach the court for an order to that effect.
get orders from the court and restrain her from taking the child to India.
also apply in the court for visitation rights
1) If you're married as per Hindu Marriage Act tham you can have custody of child with you or your parents. So your parents are living in India than you cam apply for child custody.
Dear Sir,
- I understand from your query that you are a British passport holder and the residence order is already issued by the Hon'ble court. You are advised to approach the British court again on your apprehension pertain to stop your wife taking out from country on the pretext of visiting India for any shared reason.
- Your child being British born will be taken care as per the rules of British country. However, in any case, your wife gets permission to take the child to India and does not bring back. You can file the execution petition in India on behalf of the British Court order.
Regards
Vivek Arya
If you pay child support in UK then you can object to her taking the baby to India and may express before court that you apprehend she to leave the child there in India itself, hence to restrict her from taking the child away out of that country.
You may consult your attorney there and proceed on the advise received.
You may seek child custody there through court and may express that in the name of custody she is not allowing you to meet your child but you are ordered to pay the child support.
You have to fight the case as per law of that country since you are that country's citizen.
You can object to that and should apply for a restriction order to restrain her from doing so by an order of court, talk to your lawyer and proceed as advised.
1. Avail a court porder from the local court restraining your wife in taking your bay away top India.
2. Once she mnanages to reach India with her baby, she may not wish to return to India and in that case it will be difficult for you to get your child back to UK.
1. If your child was born in the UK, then he/she is also a British Citizen.
2. Get her travelling to India with your baby restrained by the order of British court as suggested in my earlier post.