Child custody- take my son to other country
1 year ago
Sir kindly guide tht if i take my son to other country, And make his admission in tht country school. In Amritsar i file divorce case with my wife . My wife will file case for child custody in Amritsar court or she have to go to file case for child custody in other country court?
A.Dear Client,
Your wife can make a case against you for Wrongfully Taking a child and this is legally referred to as Child Abduction/Child Removal.
In simple terms, this refers to a parent or family member of the child taking the child with them, out of their country of residence. This is mostly done by either of the parents in order to hamper the other parent’s contact with the child. The parent takes the child away without the consent of the other parent, this constitutes what is known as child removal or international child abduction.
Hence the wife can file the above claim against you. Jurisdiction in such cases are difficult to determine but it usually depends on the home state of the child.
Thank you so much, I hope this answer helped you.
Your wife can make a case against you for Wrongfully Taking a child and this is legally referred to as Child Abduction/Child Removal.
In simple terms, this refers to a parent or family member of the child taking the child with them, out of their country of residence. This is mostly done by either of the parents in order to hamper the other parent’s contact with the child. The parent takes the child away without the consent of the other parent, this constitutes what is known as child removal or international child abduction.
Hence the wife can file the above claim against you. Jurisdiction in such cases are difficult to determine but it usually depends on the home state of the child.
Thank you so much, I hope this answer helped you.
Helpful
Helpful
Share
Read Related Answers
Travel abroad
Dear Client,
Your husband being the biological father of the child can refuse and prevent you from taking away your child abroad in the absence of any court order awarding you custody of the child. U...
Child custody/ separaration
Dear Client,
It is safer to apply for a divorce if you want to quit the marriage and take custody of your child to go back to your nation
Alcoholic and abusive husband allowed to see kids
Dear Cleint,
It's commendable that you've taken steps to protect yourself and your sons by seeking legal recourse through divorce and filing for protection.
Given the history of abuse and the poten...
Alcoholic father allowed to see children through video calls
Dear Client,
As stated in the query, you have already taken legal action against your errant and unruly husband filing a case for Domestic Violence and a petition for divorce in the Court, so no furth...
Mutual DV and child custody
Dear Client,
As per Section 13B of the Hindu Marriage Act, 1955, any one of the spouses can file the divorce petition with the mutual consent of both of them. Section 14 of the Hindu Marriage Act sta...
Read Blogs on Child Custody
Child Custody Lawyers
Find Lawyers by Location
