How can I bring back my minor son to my home?
2 years ago
My wife took my son to her parental home to other city without my permission and minor child's consent before 5 months. My son age is 8 years. my son want to live with me. there is no police complaint and court case filed between me and wife. If I go to there house and bring my son back to my home, can they file any case against me? Please Suggest.
Vaidehi Samant
Responded 2 years ago
A.File for custody or Visitation rights of child under Petition D at Family Court at Bandra in Mumbai but prior to that you will require to issue legal notice to your wife to settle for mutual settlement regarding joint custody of the child with physical custody with mother probably but free visitation to father if she doesn't agree only than file for contested matter. Thank you.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
Either parent of the child may file an application for Interim or Temporary custody of the child, if there is a circumstance to believe that the welfare of the child is threatened pending the hearing of the Petition or else the Visitation Rights can also be filed by the Non-custodial parent. The provision which deals with such a situation is Section 12 of the Guardians and Wards Act, 1890, making provisions for temporary custody and protection of the person or property of the minor.
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A.Hi,
For obtaining child custody a petition for child custody or declaration for the appointment of a natural or legal guardian of a minor child has to be filed and with the filing of the petition by the parent/third party seeking child custody in a family court having jurisdiction, the process of granting the custody starts in a Court.
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A.You should not get him forcefully rather you should file a case for child custody at your place of residence if you are planning to follow the legal procedure. If you just go and bring your son then she might lodge a police complain which will make things worse for you and your son so better follow the legal process or else talk to your wife and cajole her to come home with son.
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