Legal Question in Family Law in India

child custody

we have been divorced with mutual consent and living separately in abroad. As per mutual consent it was agreed that custody of my son goes to her and I have visitation rights whenever I visit India and telephone contacts a swell.

My 4 years old son lives in india with her parents. Now she is planning to get him abroad. can you please tell me,

1. can she get him abroad without my consent?

2. can I prevent her getting him abroad?

3. Can i apply for amendment of mutual consent?


Asked on 12/11/08, 9:15 am

4 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: child custody

You are entitled to seek amendment of the custody arrangements more particularly if she is unable to comply with the order.

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Answered on 12/11/08, 12:31 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: child custody

1)No

2)Approach the court

3)why amendment.

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Answered on 12/12/08, 12:36 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: child custody

Hello.

If she is not able to comply with the order you may seek amendment in custody.

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Answered on 12/12/08, 12:50 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: child custody

she cannot leave the country without your consent and you may move the court for seeking restraint orders against her and also for impounding of her passport. she cannot take the child out of the agreed jurisdiction without your written consent or permission of the court.

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Answered on 12/12/08, 4:35 am


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