• Baby taken abroad

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
Asked 4 months ago in Family Law from United Kingdom
Religion: Hindu

Seek court orders restraining wife from taking child abroad without your consent 

Ajay Sethi
Advocate, Mumbai
65545 Answers
3967 Consultations

5.0 on 5.0

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.

Yogendra Singh Rajawat
Advocate, Jaipur
12325 Answers
13 Consultations

4.6 on 5.0

seek  court orders to direct wife to grant you visitation rights 

 

Ajay Sethi
Advocate, Mumbai
65545 Answers
3967 Consultations

5.0 on 5.0

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 

Ajay Sethi
Advocate, Mumbai
65545 Answers
3967 Consultations

5.0 on 5.0

If there is no court order then your wife can travel with your baby without your consent. 

Mohammed Mujeeb
Advocate, Hyderabad
9395 Answers
3 Consultations

4.5 on 5.0

File an application in jurisdiction court contact family lawyer. 

Mohammed Mujeeb
Advocate, Hyderabad
9395 Answers
3 Consultations

4.5 on 5.0

You can file an application before UK court to stop her from taking kid away as this may hamper your right over kid.

Shubham Jhajharia
Advocate, Ahmedabad
18317 Answers
71 Consultations

5.0 on 5.0

File an application to claim joint custody alternatively visitation rights of your kid.

Shubham Jhajharia
Advocate, Ahmedabad
18317 Answers
71 Consultations

5.0 on 5.0

You to contest before court so that she is not able to succeed .

Shubham Jhajharia
Advocate, Ahmedabad
18317 Answers
71 Consultations

5.0 on 5.0

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. 

S J Mathew
Advocate, Mumbai
2438 Answers
110 Consultations

5.0 on 5.0

get orders from the court and restrain her from taking the child to India.

also apply in the court for visitation rights

 

Suneel Moudgil
Advocate, Panipat
1076 Answers
1 Consultation

4.3 on 5.0

Hi,it is advisable to file a application in court to obtain the restraining order ..

Hemant Chaudhary
Advocate, Gurgaon
4250 Answers
30 Consultations

4.9 on 5.0

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.

Ganesh Kadam
Advocate, Pune
7120 Answers
61 Consultations

4.9 on 5.0

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

Vivek Arya
Advocate, Gurgaon
438 Answers
3 Consultations

5.0 on 5.0

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.

 

 

T Kalaiselvan
Advocate, Vellore
55391 Answers
674 Consultations

5.0 on 5.0

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.

 

T Kalaiselvan
Advocate, Vellore
55391 Answers
674 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
55391 Answers
674 Consultations

5.0 on 5.0

You need to file custody application or visitation rights in the same. 

Prashant Nayak
Advocate, Mumbai
11738 Answers
19 Consultations

4.8 on 5.0

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.

Krishna Kishore Ganguly
Advocate, Kolkata
22366 Answers
587 Consultations

5.0 on 5.0

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.

 

Krishna Kishore Ganguly
Advocate, Kolkata
22366 Answers
587 Consultations

5.0 on 5.0

1. This is the common step taken by the Indian wives while fighting with husbands.

 

2. Collect the restrain order from the ZCousr as suggested in my earlier posts.

Krishna Kishore Ganguly
Advocate, Kolkata
22366 Answers
587 Consultations

5.0 on 5.0

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