• How to take child out of india if custody case is in progress and father is not giving NOC for visa

Hello ,
My husband has filed for divorce and child custody. I haven't filed any case against him. I have 1 year 9 months old daughter. I have to travel abroad for work but my husband won't give permission on NOC(No Objection certificate) required as consent of both parents for visa processing of the child. This scenario is hampering my work as I can't take important work projects. Please confirm if I can apply for some permission from court to allow me to take baby out of country without fathers consent for work purpose for around 10-12months (or more the that) that can be used in UK visa processing form of the kid. Can court grant such permission even before divorce/child custody case is over? How much time will it take me to take such kind of permission from court. What can be its pros & cons?
Asked 5 years ago in Family Law
Religion: Hindu

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14 Answers

if court grants you permission to take child abroad you are at liberty on basis of court orders travel abroad for work purposes 

 

2) it would take you around 6 months or so to obtain permission from court 

Ajay Sethi
Advocate, Mumbai
94732 Answers
7537 Consultations

5.0 on 5.0

You have to plead for custody rights in the case filed by your.husband. 

I'm prepared to handle your case as your counsel, if you choose to appoint me. So contact [deleted]. ([deleted])

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1547 Answers
5 Consultations

4.4 on 5.0

As a custody case is subjudice, you cannot take your child out of country without the permission of the court.

Normally, such permission would only be granted by the court in 3-4 months, if your application is allowed.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

See you can apply before court for permission the court can allow you to take kid with you temporarily pending the custody case. The order of the court can be used before the visa office,  See application can take 3-4 months generally to dispose as court will invite objection from husband on same.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Father is natural guardian of child but child below 5 years, custody rest with mother only. And permission from court to process VISA, first question will raise, you are going for work than who will take care of baby, IF your answer is DAYCARE- permission will never grant.

And 10-11 months destitution of baby from father, Your self think, why court will permit. You can request court for limited period permission which may revise further. 

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

You can file an application seeking permission in ongoing case to give you temporary custody pending the custody petition. See you can request court to expedite the matter citing your difficulty. See it won't impact the case though he may take ground that wife is not care her parents are therefore custody may be given to him but that can be contested as he may have to go for job too and seeing age of child be are at better position.


You can file an application seeking permission in ongoing case to give you temporary custody pending the custody petition. See you can request court to expedite the matter citing your difficulty. See it won't impact the case though he may take ground that wife is not care her parents are therefore custody may be given to him but that can be contested as he may have to go for job too and seeing age of child be are at better position.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

you should make application in family court wherein divorce case is pending to apply for permission to take child abroad as you have to travel for work purposes 

 

2) if you leave child with your parents your husband may seek to take advantage of fact that you are not able to take care of child 

 

3) you would be granted custody of your daughter as she is only 9 months old 

 

4) welfare of child is paramount consideration 

Ajay Sethi
Advocate, Mumbai
94732 Answers
7537 Consultations

5.0 on 5.0

Dear Madam,

As per the trend in vogue the consent of both the parents are required for taking the child abroad. Since, you are not divorced or judicially separated you may not get such permission by authorities. However, you may take some certificate from the persons of repute such as ward commissioner etc. that you are single parent and you have full custody of the child. This may lead to some good favor for you.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

1. If to get visa for the child the consent of father is mandatory then you have no option but to approach the court to grant such permission.

2. This is not a big issue and since you at present the actual custodian of the child and more equipped to nurse and care for the child, the court in all likelihood is going to give you such permission.

3. So file a petition under section 151 cpc in the court to get such permission. You will get it for sure.

Devajyoti Barman
Advocate, Kolkata
22825 Answers
488 Consultations

5.0 on 5.0

Dear client 

You have to file a petition for seeking the permission from court to take full custody of your child and take your child with you anywhere you want without the NOC of father.  As it is important for future if your child also.

Also file an application for urgent hearing of the case by attaching the project details you are getting. Due to which you have to travel abroad. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

father can have objection and relient on it on basis of custody ,if their is no order from court while deciding the case then it can be perceived as so and can be avail this situation ,in order to get rid of it you need to follow some step,  consult local family lawyer. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Yes you can file an application in court and take courts permission and take the child with you.  You can provide your travel details and contact details

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

Dear Querist

if the child custody case is pending before the Court than file an application under section 151 of CPC before the Court for the permission and NOC of your husband. the court has power to direct him to provide NOC because the court will see the welfare of child first and other things later.

 

it may be possible that your application will be decide within 1 month of before that.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

You will have to do flle an application before the court seeking permission to take your child abroad.

The process can be expedited by your lawyer.

Leaving the child with your parents for 6 months is going to create problems in your case. Your husband can raise this issue before the court.

 

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

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