• Kids travel over seas

Hi , I got divorce last year through family court Pune , kids custody is with me my ex wife has clause that she can visit kids on weekend and on vacation, currently I am working in Mexico and I would like to take my kids to Mexico and stay with me and my ex wife had no objection...which are the documents I need to take kids with me...the age of kids r 6 and 11...thanks

Mexico :[deleted]
Asked 6 years ago in Family Law
Religion: Hindu

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24 Answers

See sometimes in visa approval the country can ask.for NOC from.your wife so in that case wife has to.give NOC on there travel further they can also.ask for court order giving sole.custody rights.to you for which custody petition has to be filed before the court.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

if there is no orders from the court that you should not take your child abroad, then you can take your child with or without consent from your spouse.
you should bring written consent from the child's biological mother along with the child's birth certificate. Many countries require that the consent document be witnessed and notarized. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19328 Answers
32 Consultations

Dear client 

For this you should take a NOC from you ex wife regarding the travel of kids to Mexico and apply for visa of kids in the embassy with their passport.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

If you have full custody.your wife can give a letter stating that she has no objection on you taking kids abroad and she will not.file any complaint and case in this regard.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You don't need to file another petition just attach court order of permanent custody and just NOC from your wife will be enough for getting visa.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

A written letter from your your wife stating the cause of travel abroad and that she agrees to the above arrangement is sufficient. It should be notarized and witnesses should be present.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

No need to file a petition to travel as long as she consents to it.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

For immigration purpose, you need to take their passports, besides court order granting you custody and a NOC from the biological mother duly notarised for taking your children abroad on a vacation.

You can apply for visa by which you will come to know what more documents you need to carry with you.

 

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

You need not approach court for NOC, you can ask her to give NOC for taking the child abroad on vacation.

The NOC may be notarised by a notary public which may solve the purpose, besides you may carry the judgment copy giving you the sole custody of the children.

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

You have to apply for visa for children 

 

enclose wife consent to take child abroad 

 

since you  have sole custody of children and ex wife has given her consent you would face no problems in obtaining visa fir children 

Ajay Sethi
Advocate, Mumbai
99833 Answers
8148 Consultations

 

you don’t need NOC from court as your wife has no objections for you taking children abroad 

Ajay Sethi
Advocate, Mumbai
99833 Answers
8148 Consultations

you should take custody documents and order of court

Prashant Nayak
Advocate, Mumbai
34550 Answers
249 Consultations

take NOC from your ex-wife and apply for kids visa, if issue go and enjoy,

else take an order from the concerned court by moving an application for permission to take away children abroad, to which your wife has no objection,  

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

Will be good if you can take the NOC by wife and apply for permission from the court based on NOC to take kids to avoid any future complications.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

For the purpose of procuring visa only the consent of your wife would be required.

Apart form that there is no other document necessary. The court papers to show your custody is additional document which would help you to get visa.

In other words the papers are already in order to take the children along with you in abroad. 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

If there is a condition restraining removal of wards outside the jurisdiction you ought to obtain leave of the court.

Regards 

G.Rajaganapathy 

Lawyer 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
2300 Answers
8 Consultations

You have to get NOC from Ex-wife and get court order on that NOC, than you can easily to kids to Mexico.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You need NOC from your wife stating that she has no objection if you are taking the child abroad. It needs to be notarized in the presence of witnesses who would sign it too.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

You would not need to get any NOC from court, if your wife agrees for the same. If she doesn't agree, then the intervention of the court would be required.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Sole custody order is sufficient, still to avoid any delay get a NOC letter from wife. It will be a normal draft where wife will reiterate that she has no objection if children travel with you out of country.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

1. You need not have any additional document for taking your kids to Mexico.

 

2. To be to the safer side to ensure that your ex-wife can not claim later on that you have taken your kids out of the Country without her consent, you can take a letter from her giving her consent for taking your kids to Mexico.

 

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. If it has been specifically mentioned in the Court order that you shall have to collect NOC from the Court for any deviation to be made by you in connection with the custody of your children as ordered by the Court, then you shall have to file an application annexing her consent affidavit praying for leave from the Court to take your children to Mexico.

 

2. After availking the Court order, you can take your children to Mexico for the period as mentioned by the Court.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

You have to get NOC from your EX wife and produce that same NOC in the court so, she should not change her mind later for this reason you have get stamp or show that NOC in the court as ask to make a decree/order of same.

 

Because no one should trouble you from Passport office or Visa office when you are traveling with your kids to Mexico.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have the sole custody as ordered by the court of law.
  2. And once you have that then you also have the right to go abroad worth he kids, but at the same time irrespective of the fact that the ex wife is ready to give NCO, the same should be stated in the court of law.
  3. Yes, you will have to file an application in the disposes off case, bringing everything on record of the court of law and undertaking that you would comply with the order passed in past.
  4. Rest, you are free to call me at any time for further detail discussion on this issue.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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