• Permission from court to take child with me abroad

I got divorced 2 years back and in the mou signed between us it has mentioned that the child will stay with second party mother till she attains majority or till her marriage which ever is earlier.. also ex has visitation rights during weekends/vacations without affecting the studies or cultural activities of the child.. Now i got an opportunity to move to Belgium and I would like to take my child with me for which I need a consent letter or permission from court to apply visa for my daughter. Ex is highly objecting to give consent..Also my daughter is 8 years and she is much interested in moving.. we all had multiple conversations with ex including my father but with no gain.. I also told him he can still visit her by travelling and I will send her to India during her summer vacation..Please advise on how to approach court on this and what are risk factors involved and what are the chances of getting the judgement in favour of me and my daughter
Asked 2 months ago in Family Law
Religion: Hindu

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7 Answers

You should get judgment in your favour to take child abroad provided you undertake to bring child once a year to India and permit your ex husband to visit child abroad 

Ajay Sethi
Advocate, Mumbai
94700 Answers
7528 Consultations

5.0 on 5.0

You can file a petition before the concerned family court quoting that the child's father is having visitation rights, however in the interest of child's career and future, the mother who has  the sole custody of the minor child would like to relocate to a foreign country and she may be permitted to do so with an assurance that the visitation rights of the father will not hamper or deprived due to this and other assurances that you will send the child to India to be with him during summer or any other long vacations. 

You can project the child's interest and future career strongly in your petition in order to get a favorable decision.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2192 Consultations

5.0 on 5.0

Hello,

  1. I suppose, by MOU you mean Consent Terms of the divorce. If you have permanent custody as per the consent terms you can take decisions about the child's schooling and residense and if the visiting father is coming in the way, you must approach the court.
  2. You must approach the court seeking an order permitting you to relocate with the child to Belgium on account of your job and better educational opportunities for your child and your proximity to the child during her growing up years. Your need to convince the court that the father is deliberately coming in the way of the welfare of the child.
  3. Good visiting rights won't be considered above the best interests of the child in any case.
  4. There are no risks involved. Your former husband may try to delay the process in there court. On the whole, you have a fair chance of getting a favourable order.

S J Mathew
Advocate, Mumbai
3547 Answers
175 Consultations

5.0 on 5.0

It may take six months to year for obtaining court orders for taking child abroad 

 

enclose consent terms in your application for visa for daughter 

 

but fact that since husband has visitation rights you would not be granted visa for daughter without court orders 

Ajay Sethi
Advocate, Mumbai
94700 Answers
7528 Consultations

5.0 on 5.0

Since you husband is not willing to give consent for visa then getting order from court in that regard is only option. Getting such order from court often takes more than 6-8 months of time. 

Devajyoti Barman
Advocate, Kolkata
22817 Answers
488 Consultations

5.0 on 5.0

You are given with the custody of the child but an order has been passed giving him visitation rights. 

In that case he may file an injunction suit to prevent you from taking the child outside India citing that it will affect his visitation rights. 

Moreover you may have to produce either a court order or NOC from him for Visa 

T Kalaiselvan
Advocate, Vellore
84896 Answers
2192 Consultations

5.0 on 5.0

If she is objecting you need to approach court for the same 

Prashant Nayak
Advocate, Mumbai
31935 Answers
179 Consultations

4.1 on 5.0

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