Respected Sir/madam, My husband passed away and I have a two-year-old son. My in-laws have filed for a guardian ward and the court has given them an interim order for visitation rights in court premises only on every second Saturday. I wanted to take my child abroad with me where I am studying, as the child’s visa will expire mid-January and he must show entry before that. If my in-laws know about it before my travel, I fear that they may create any hindrance for travel. I am planning to put an application for permission on the day of my travel to take the child abroad. Is that alright? 1. I am the natural guardian of the child and is it necessary to leave a two-year-old in India just because there is an interim order for visitation for grandparents in the court premises? I am pursuing my education abroad and I need my son along with me as well. Can I file an application citing change of circumstances? 2. If I take the child abroad will that be a contempt of court? 3. I have obtained photos, chats from my husband’s online account. Will that be admissible in the court if I submit it as an electronic record as per 65B? 4.In the evidence stage, after giving affidavit and marking exhibits in the affidavit, can I also give evidences during cross examination? Will court accept evidences during/after cross examination? I wanted to give a statement given to police by a girl, which will be beneficial for my case, however I didn’t file that with the affidavit for evidence.
1. yes you can file the application but filing the same on the same day will be of no use as the court will not modify the order without hearing the other party.
2. If you do not make the child visit the grand parents on Saturday then yes it will amount to the contempt of court.
3. If that helps you in the custody case then yes it will be admissible.
4. You will have to file the same along with the other evidences.
Regards
Mother has prior right over child and she is child`s natural guardian after father. Grand parents cannot claim right over child as a guardian.
Grandparents without being the guardian of the child can`t claim access or visitation "rights". Since father is dead, only your consent will require for VISA process.
Challenge the interim order.
Without permission of court, it will be. SO better either get the order vacated in appeal or obtain permission from court to travel abroad.
Admissible in evidence. Evidence will submit with affidavit. Addiotnal evidence can be file now with the permission of court.
Better challenge the maintainability of petition. Grand parent`s are not guardian in mother life time.
Please note without the order of the court you will commit contempt of court so please obtain an order of the court in time for which you don't wait the stipulated date, move tomorrow.
Dear Madam,
It depends on the visitation rights of the parent in laws if their visitation right every week, then it would be difficult. however even if you violate, you can plead the same in case there is a petition for visitation or its violation. nobody can be prevent you from going abroad.
Child Travel Consent (India)
Customize a Child Travel Consent Legal Form now!
What is a Child Travel Consent?
A Child Travel Consent is a document or letter carried to prove that the child has the permission of the absent lawful parent(s) or guardian to travel. When the parents are separated or divorced, one parent should get consent from the other parent to travel with the child. Generally, persons younger than 18 are considered as children in the eyes of the law.
When do I need to use a Child Travel Consent?
If the child is travelling with both birth parents, a Child Travel consent should not be needed. However, in any other situation (for example, the child is travelling with only one birth parent, or a grandparent or other guardian), a Child Travel Consent is recommended, especially for international travel. Travel consents are especially useful in situations where the parents are divorced or separated and one parent wishes to take the child on a vacation or holiday.
Why should I get a Child Travel Consent?
A Child Travel consent serves as legal documentation that the child has permission to be travelling with whomever is escorting him/her. It also helps ensure that each child will have a guardian to look after them while travelling. Finally, a Child Travel Consent is a great way to ensure peace of mind by helping to avoid delays and cancellations during international travel.
Who needs to sign a Child Travel Consent?
In general, the rule of thumb is that a Child Travel Consent must be signed by whichever parent(s) or guardian(s) are NOT travelling. For example, if the parents are separated and the mother is taking the child on a trip, the father is the one who needs to consent to the travel.
Does the document need to be notarized?
In most cases, notarization of a Child Travel Consent is recommended as notarization serves to verify the identifications of the parties signing the document, and ensures that they both consent to the travel. Generally, a notarized document is more likely to be accepted as legally valid than an un-notarized one, should problems occur at the border.
Is there anything else the travelling party should bring besides the Consent Letter?
Generally, it is a good idea to bring photo ID for you and for the child. In several cases, passports are now required for travel, so bringing passports for yourself and the child is the best form of ID. You should also (if you are one of the parents) bring the child's birth certificate which specifically lists you as a parent.
A Child Travel Consent frequently contains such information as:
Ans:
You should very well move the court immediately for taking your child abroad. If without courts permission you take your child out of the country and in between the visitation time of the grandparents comes, they can move for contempt of court against you.
1 you can file an application about change in circumstances and if court allows can take him abroad.
2. Yes without permission of court it's contempt
3. He can charge you for invading his privacy in the same if it's obtained through wrong source.
4. Yes you can introduce evidence in cross examination by confrontation of the same to witness.
1) application for taking child abroad should be made in advance
2) you can take plea that you may be permitted to take child abroad with you as you are pursuing further studies abroad
3) if you take child abroad without court permission it would be contempt of court
4) photos , chats are admissible in evidence
5) you may not be permitted to give further evidence during your cross
1. You have to file for permission before date of going as the court will give them opportunity of hearing on same day permission may not be granted. Yes the application can be filed.
2. Since there is formal order they can file contempt petition against you.
3. Yes you can put same before court as evidence.
4. Evidence has to be given at time of your chief examination. It may accept after your chief though an application seeking permission of same has to be filed.
If the child is in your custody and 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 in-laws.
If you violates court order then your in-laws can file contempt of court.
Electronic conversation recording is admissible as an evidence in the court of law as per sec. 65 (a) and Sec. 65 (b) of the Indian Evidence Act..
1. Unless there is an order of injunction passed by the court to restrain you from taking the child out of India, you are free to take the child out of India. However, in view of the fact that court has ordered you to bring the child in court premises on every Saturday.to enable his grandparents to meet him, it will be contempt of court if you do not obey the court order. You should file an application for modification of the court order.
2. If the grandparents of child come to know about your plan to take the child out of India they may file an application for injunction to restrain you from taking the child out of India. The court may not put a blanket ban on taking child out of India but it may place some riders.
3. Photos and chats are admissible in evidence.
4. You may give an additional affidavit to produce the police statement.
1. If you file any application in this regard, you may have to serve a copy on them to record their objection.
The court would hear arguments of both the sides before passing any decision.
The court may not consider your request due to existing visitation rights orders in their favor.
Hence, if you want to take your child with you to abroad, you may silently plan to take the child with you without whispering about it.
Let them file even contempt of court petition, you can get it disposed on your return on the basis of merits in your side.
You are a natural guardian and mother of minor child which requires your constant care and nurture, hence you can defend your interests later on in this line of defense.
2. See the above answer
3. You can file it with the certificate as per the provisions of the referred law.
4. You can file a petition to reopen and recall your witness evidence for filing the additional evidence.
1. Chances of getting application allowed on same day are very low.
2. You can make application for change of circumstances but it would be better take your son abroad without making any application before court or make application for interim stay on orders of visitation rights.
3. Yes photos and chat records are admissible in court along with certificate of 65-B.
4. Yes you can produce evidence during cross examination but only if some question related to that evidence arise.
