Hi, I am in the process of mutual divorce and want to get the clarification on avoiding the child abduction by a a parent during international travel. The lawyer has framed the clause like below. 'Either of the party/parent may take the child with her/him outside the country on a holiday after discussion among them and consensus of the other party/parent.' Q1. However, I am not convinced and I want to have some sort of legal document/Court Order at the time of travel which enforces the party/parent travelling abroad with the child to come back within a stipulated time. Please note that I want the legal document which can be procured without hassle and quickly once travel is planned. Q2. Also, please let me know if divorce decree is required at the time of granting visa.
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1. The memorandum of understanding or the said agreement with the conditions that are likely to be included in the deed are to be submitted as part of the petition for divorce and pray to court to include those clauses that is desired to be included in the judgment.
Then the decree/judgment would serve as an authenticated document.
2. Since the child is being taken away to a foreign country without being accompanied by another biological parent, this judgment copy would serve the purpose.
You can have clause that either party may take child for holiday abroad after prior intimation to the spouse
2) for obtaining visa for going abroad consent of spouse would be required or decree containing clause that you can take child abroad
If there is some court order to the same you ca carry it else the consent terms will be fine. Yes decree may be required in visa procurement
- You can mention before the court for passing an order for the same at the time of divorce proceeding , and the said order is sufficient for travel to abroad.
- Further, divorce decree is required at the time of granting visa. if you will mentioned in the application as separated/divorcee.
Dear Sir/ Ma'am,
The agreement with the conditions can be included in the deed. If the judgment is in your favor then the decree/judgment would serve as an authentic document and it will serve the purpose.
Thank You.
