Child custody after ex-parte divorce

Originally posted by : Raj Kumar
	Are you serious ? Which law is it against ?  So, men can roam around drinking, abusing the wife, never bother about the child, desert the family and then after 5 years can come back and ask for custody or visit the child ? What are we supposed to tell the child all of a sudden ? And because he can claim the child, women should not have their career or settle with the child longing for a husband who never contributed anything to her or the child ? and this is justice ?

 

You have to prove your allegations to get the custody. You don't have any right to take the child abroad without the consent of father or court orders. And no country will alllow you to enter in their country without legal documents of custody. You can only go on tourist visa without permission of court only for some days.

 

Section 13 of the Children Act provides that if there is a Residence Order in force, or a new Child Arrangements Order, the resident parent (which means either parent if the order is for shared residence) may take the child out of the country for up to one month (28 days) without the consent of the other parent or persons with PR.

 

For longer periods, or if the period coincides with a time when the child is meant to be with the other parent, they must have either the written consent of all those with PR or the leave of the Court.  In the case of a Special Guardianship Order the period is three months.

 

If there is no Residence Order in force, even if the father doesn’t have PR, removal out of the country can still constitute ‘wrongful removal’ and he can start child abduction proceedings under the Hague Convention on International Child Abduction.  Removal is likely to be wrongful if there is a Prohibited Steps Order in force, or if there is a Contact Order or Child Arrangements Order in force and removal breaches its terms.

India is not a party to Hague convention. But mothers problem will be in getting VISA. No country will give visa for minor without fathers permission or court order of sole custody.

If father have not come to visit the child it does not terminate the legal and biological relationship between the child and latter. Her ex-husband continues to be the father of your child for all legal and practical reasons. Hence, you require NOC from him. If, however, he does not give NOC to apply for PR of the child then you may file a suit for custody and mandatory injunction against him. This is the utmost that you can do.

 

Originally posted by : Sarma
	India is not a party to Hague convention. But mothers problem will be in getting VISA. No country will give visa for minor without fathers permission or court order of sole custody.

 

Yes. you are correct.India is not a party to the Hague Convention on International Child Abduction.

But still NOC of father or court permission is mandatory

 Very well debated on the hypothetical topic given by an "un-interested" author who has posted on behalf of so-called sister.

 

Just for the sake of debate on this fabricated topic, even in ex-parte decree of divorce  which is stated to have been granted 2 years before posting present question paper, the Trial/Family Court is bound to mention regarding custody of the child,that is a mandatory requirementand part of the judgement/order as well as decree.

Either the presiding officer has not mentioned about custody of child in the order (as per query of querist)

Or the presiding officer has mentioned about custody of child in the order………..

If custody of child is given to mother then can’t father ask to visit the child!

Hi There,

 

I am in similar situation with my child. Can you tell me if your case was resolved in court? PEASE DO REPLY. really need to know how did you finally get a cutody. because my case is being held for over 2 years now.