Legal Question in Family Law in India
obtain a passport for my child
I am a divorcee and i have the custody for my 4 years old son and the my x has only the visiting rights. now i am married to a permanent resident of Australia and planning to take my son to Australia. Can i take passport & Australia visa for my son.
4 Answers from Attorneys
Re: obtain a passport for my child
You will need permission from the court and your ex has to be given due notice. He will be entitled to object to child's being taken away from jurisdiction of the court. You may take the child away only if he may have no objection.
Re: obtain a passport for my child
Only with Court's permission and consent of your x who has visiting rights.
Re: obtain a passport for my child
you need to take consent of your ex husband as he is the natural father
Re: obtain a passport for my child
in this situation, it is not possible for you to take the child to australia without the consent of his natural father. despite the fact you are divorced, still the father has the rights on the child and he may obtain a stay from the court concerned in case you try to take the child out of india.
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