My husband not allowing my minor child to visit me abroad
PRIVATE AND STRICTLY CONFIDENTIAL
I am a professionally qualified Indian lady married to a professionally qualified Indian man for 13 years. We have a 11 years old child from this marriage. My husband has been unemployed for the last 12 years. I have been in job throughout. We both lived aboard in the initial years of our marriage and then returned to India. All 3 of us are Indian citizens.
After returning to India, our marital relationship went downhill and my husband filed for divorce and child custody few years back which I contested. After a prolonged legal battle, we reconciled with the help of court mediation/counselors in the interest of the child and the case was closed.
Soon after, my husband went back to his old ways (or even worse than before) with violent temper outbursts, irresponsible behavior, inconsistent contribution of monthly amount agreed during mediation, frequent disappearances from our lives for weeks and months after trivial arguments etc. The child stood witness to all this.
With a view to regaining control on my life and that of my child, emotionally and financially, I recently accepted a job offer from abroad. Angered by my decision, my husband refused to allow the child with me (refused to sign child’s passport application).
Left with no choice, I relocated abroad recently leaving behind my extremely reluctant child in the care of my husband in India. Till the day I left India, we ie both parents and child were living in the same house and I am in regular contact with my child (and husband) on Skype and would also be visiting India soon to see my child.
Although my job abroad is permanent, looking at the complexity of the family situation, I am not sure how long I can continue here as the child is missing me a lot. However, for as long as I am abroad, I am extremely keen to have my child visit me here for vacations but my husband is refusing to allow since he says/ suspects that I would keep the child back with me here and that he would then have to go through a prolong legal process of international extradition. I have tried everything to convince him that I have NO such plans but he just refuses to yield.
In the light of this background information, I would appreciate your advise with respect to the below,
WITHOUT GOING DOWN THE DIVORCE ROUTE:
(1) While we are still legally married, can I approach the Indian court to grant permission for my child to visit me abroad during his school holidays? Please note, this is only for VISITS.
(2) What are the types of guarantees and undertakings I can give Indian court to confirm that I would definitely return the child to India at the end of the vacation/visit? Would a ‘mirror order’ help?
(3) My child has a specific eye problem for which specialized glasses are available only abroad. I am keen to get him assessed for that when he is visiting me abroad. Can I apply to court on this medical ground?
(4) A question from my minor (a very mature 11 years old) son in his own words: ‘Can I (represented by an adult) approach court/child rights commission for my fundamental right to freedom to visit my mother abroad which is being compromised by my father’?
I would be very grateful to the esteem panel for expert legal advice and input, on how best to take the matter forward. Based on the initial input, I would like to consult you for further needful.
Thanks & regards
Mrs Veena Keshav