How can i take my child abroad if my spouse is not allowing it? How can i take my child abroad if my spouse is not allowing it?

2 years ago

I am a nurse working in UK and my son 5 year ols is in India with my parents. My spouse is in Singapore. We are living separately for more than 2 years but not divorced. I want to take my child with me as he is not getting any parental care but my spouse is not giving me permisssion to take my son with me. Also when i filed for divorce my spouse and in-laws are not accepting the notice. What can I do?

Ankur Goel @ Complete Law Shield

Responded 2 years ago

A.File Child custody case so you will get complete rights.
You should have done it earlier itself.

If they are not accepting divorce notice then you can get ex-parte divorce.
but if you want alimony then the case will be delayed.
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Suneel Moudgil

Responded 2 years ago

A.you can serve the Divorce case notice through embassy/email/whatsapp, however, the case will take long to its disposal and till thenyou won't be able to take the child.

try to settle the matter amicably with your husband involving elders/relatives/friends etc and go for #Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,

don't forget to draft a# memorandum of understanding before approaching #Mutual Divorce, which is the most essential and important part of a #Divorce case to avoid/reduce future #legal complications,
some basic points to keep in mind and put in writing through an #MOU before filing the petition for #mutual consent divorce are #custody of kids, #distribution of assets (movable/immovable), quash/withdraw of #pending litigation if any, #Maintenance (present/future), #Alimony, mode and time of making the payment, streedhan, future litigation, etc.

if he does not agree to the mutual divorce you can file the custody suit.
FYI, the mother usually gets custody of the minor child, under the age of five but after five it can be given to any parent.
various factors are considered while deciding custody petition like financial status, the welfare of the child, will/consent of the child, educational status, living standard, place, extra amenities, etc
The most important factor is the BEST INTEREST OF THE CHILD.
The earning capacity of the parent does not determine custody, but the capacity to provide a safe and secure environment does. Even a mother who is a housewife can gain custody of the child and the father will be asked to provide child support.
keeping in view the above facts, you can prepare your case.
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Anik

Responded 2 years ago

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A.Hi,
As a precaution, a child cannot be brought abroad without the permission of the spouse. If you want to bring your child with you, you can file a child custody case right away since your husband refuses to let you take the boy, despite the fact that he lives abroad and is incapable of caring for the child. If your husband refuses to consider divorce, you can apply for an ex parte order in court as you have been living apart for more than two years. Due to the husband's unwillingness and reluctance, the case could take longer to resolve.

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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
A child cannot be taken abroad without the spouse's consent as a protective measure. However, if you want to take your child with you, you should immediately file a child custody case. As your husband is not letting you take the child even when he himself lives abroad and cannot care about the child. If the husband is not accepting divorce you could file an application in court for an exparte decree since you are living separately for more than two years.

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Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Madam,
You may file child custody case.
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