Querist :
Anonymous
(Querist) 27 February 2019
This query is : Resolved
Hi, Q................Can I send legal notice to the husband of me Ex?
We consented to a mutual decree divorce in 2016 with joint legal custody of our girl child presently aged 13 years with systematic parenting time/visitation rights in INDIA. Now my Ex got married to an Canadian Citizen presently working in USA-new jersey since 2015. As per the consent decree drawn either parties would not relocate the child out of INDIA till she becomes major ie 18 years.
On Jan 2019 my Ex-ran away with the child from INDIA to Newark on visitors visa and I have already initiated Custody proceedings in INDIA including execution of the decree of 2016 but in INDIA. i have come to know that my EX is seeking Dependent visas and School admission of the child on the basis of her new husband.
Can I send a legal notice to the husband of my EX through an attorney/Advocate residing in NEWARK area directing him not to seek school admission or process any temporary/permanent visas of my child till the custody matter is decided in INDIA.
Isaac Gabriel
(Expert) 27 February 2019
You are at liberty to initiate legal action.But better to know the willingness of the child since it is sensitive issue.
Vijay Raj Mahajan
(Expert) 28 February 2019
Yes you can send legal notice to both your Ex as well her new husband to prevent them to proceed with their acts till the decision of the child custody is finalized by the Indian court where matter is pending.
Suhail suhail
(Expert) 28 February 2019
If you know the proper address of your ex and her husband,just send them the copy legal notice along with copy of judgment ,mention in the Legal notice copy to; Embassy of Canada( in Canada & in India), Embassy USA in US and in India, just try to play pressure tactics.
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