Legal Question in Family Law in India

Re: How do I get my custody agreement modified?

If your exhusband is willing to give up his rights over his children you may request him to swear an affidavit referring to the facts and the order of custody and stating free consent for you to take your child abroad and such modifications as require to the earlier order of custody to be consented in the affidavit of your exhusband. Since exhusband is in abroad such affidavit is to be notarised at the station of swearing the affidavit.

Re: How do I get my custody agreement modified?

This is what is required to be done-

1. Your ex husband has to make and swear an affidavit stating (1) the facts of the earlier order, (2) the fact he does has no objection to your having the sole custody of the child, and (3) you are free to take the child wherever you wish. Such affidavit should be sworn before the consular officer of the Indian Embassy/Consulate.

2. You should then make an application before the same court which has granted the earlier order, enclosing the ex-husband' affidavit, and praying for necessary modification of the earlier custody order.

3. Once, such an order has been obtained by you, tyour ex-husband will be at liberty to have the order modified subsequently, but to do that, he has to make an application before the court and has to show sufficient reasons for modifications.

Re: How do I get my custody agreement modified?

I am of the opinion that your ex-husband has to swear to an affidavit and the said affidavit has to be accompanied by an application which has to be filed before the appropriate court which dealt with the subject-matter, praying for modification of the court order earlier passed, and please note that without the courts intervention, the modification if at all effectuated will not have the force of law.

Re: How do I get my custody agreement modified?

I presume that what you mean by custody agreement is a joint pettion filed by you and your ex-husband in the divorce/custody proceeding. If the presumption is correct, then a mere notarized agreement will not suffice. A petition for amendment has to be filed by either/both of you and a formal order has to be taken from the court.