Visiting rights issue after child passport issuance
Dilip
(Querist) 13 March 2012
This query is : Resolved
Hi,
We got divorced in August 2011. We had a son, my ex-wife took custody of the child and i got the visiting rights. I settled with one time huge permanent settlement money. Our son is around 11 months old now. Now she is asking me for my presence in passport office for our son's passport issuance. Son could not get any name in decree of divroce and other supporting documents because we had conflicts. I wanted our son to put my surname and she wanted to put her surname. So we could not come to any consensus for the name at the time of divorce. I have two queries:
1) How will i protect my visiting rights once i give consent for passport issuance for my son? She may take our child abroad and i would be in difficulty to exercise my visiting rights
2) she wants to put child name with her surname and i would not give consent to that. I would like our son to have my surname and she is not ok with it. How will we resolve this issue?
Please help me
ajay sethi
(Expert) 13 March 2012
you can move court that contraray to orders passed granting father visitation rights mother is taking child abroad and it would not be possible for you to meet your son
file an application for injunction restraining your wife from taking the child abroad and for depositing child passport in court . inform the immigration authorities of court order
Dilip
(Querist) 13 March 2012
Thank you sir for your advice.
My ex-wife planning to apply for child's passport and she is putting her surname in child's surname. I have not given any consent to passport office yet. I would like our son to carry my surname. How it can be done?
Shonee Kapoor
(Expert) 14 March 2012
You can restrain the woman from taking the child abroad.
I have personally done the same.
In case you need any assistance, feel free to get in touch.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
ESTHERPRIYA
(Expert) 15 March 2012
You can get visitation rights but can petition in court not to take abroad as the order of visitation would be destroyed.
