Child custody

1. If no custody / visitation case from wife side in reference to context to facts of your brief and you have custody of your son as in you are legal Guardian in Hostel records then you can jolly well go overseas without making big noise about such plans.

2. As far as what she can do; Law says a parent having custody of child more than 180 days in reference to context of facts can not be chained to once jurisdiction unless it is not in consonant of welfare of the child and in absence of any such custody / visitation case from wife read with no restraining Order from any Court of law you and your son who is in hostel are free citizens to migrate for better quality of life.

Rajan...

Yes you con do so but why would you like to abondon your wife like that....And 1 month away, figure out what's cooking in her mind before you make a move...

Regards

Chetam(dot)7679(at)gmail(dot)com

Hi, my wife file for divorce in aug 2009, i got visitation right on 30 june 2010 but till date i meet my son on her lawyer's place after too many calls to her lawyer only two times in last 3-4 years, in family court we are getting only dates. I want to know that can i also request for custody of my child he is 11 years old. & what to do if they people are not obey tha family court order ...what to do ?

@ Singh M,

See I read some fundamental wrongs done by my fellow professionals here and I cannot believe that today every second or third husband r/w natural father is turning into Dr. Swamy style party –in- person to plead once own case in a ld. Court! This statement said with no intent to slander / defame Dr. Swamy as I admire him the most and had number of occasions chance happen to meet him in SC as well as at his Nizamuddin residence.

Having said what I could not control expressing in generic wordings, if you bring your case of 2010 today saying you were party -in- person all these years and did not know Law and or then cry tell me what should be ‘just’ remedy offered to you which could wipe away a natural fathers love and longing for his own child?

Nevertheless, the first thing you should do is to kick out the Advocate you have for child custody / visitation case. Hire an advocate who understands what child rights are and how they are mercilessly compromised by contempt of Interim Orders r/w delay and latches Court dates brings overall into welfare of the very child for which parent is highlighting before the very ld. Court !.

However long long time ago the previous remedy was under Contempt of Court Act but to institute such action 1 year period should not have been over which I see in your facts already over. So now the remedy is to file a modification Application for the Interim Order  citing the most crucial aspect i.e. "change of circumstances" further i.e. the child is now reached ‘reasoning age’ and at this age the child should be allowed to spend more time with his own natural father / grand parents to know the world and further his aptitude and for that wholesome all round development which somehow mother has neglected by alienating the very child since last Order by not following it first and second Court is not the proper environs a reasoning age child should still be subjected to come to interact with his own father / grand parents that also in mercy Chambers of natural Mother's Lawyer's official business shop and third tell specifically to the Court we all know how big Lawyers chambers space wise are for such family interactions and what child sees is introduction to prison cell in days to come and is basic human rights violations of the very child  which a ld. Court should not ignore from its conscience.

If Court is not taking matter and giving dates and dates then one can file Application to transfer case to another Court citing biasness of the Court towards your cause title. The other remedy is to approach District Judge Court to adjudicate the matter as District Judge is equally competent to dispose visitation orders in child cases.  

Now go and hire an Advocate via reference and reason more or less some of the above reasoning via this new hired advocate and ensure that then and there modification of interim Order is done with as one don’t need dozen dates to know what past contempt’s are about and what child’s mother would now say and then what her lawyer will argue against and so on so forth as this is a summery adjudication matter and now instead of coming out of the Court after filing this specific Application with yet another date and next date and still further next date in hand see to it that this time a good reasoned Order in favor of the rights of the child is passed by the ld. Judge.

Show father’s nature to protect innocence of your own child just like a crying baby only gets milk same way unless you cry out aloud then and there before a Court no further remedy cometh your way is what I see and if you keep missing such opportunities then by that time child would reach 18 years of age to give you a boot by asking – who you man and when you presenting me my first Car………..!

Re-read above calmly and act by coming Saturday instead of further due diligence and procrastinating over such delays your child suffered more than you I will add at this at the end.

A bit of caution here.  Several countries (like Mexico, U.S.A and Canada) require notorized consent of the parents (both, or the non-travelling parent) for a minor child to be brought in.  Double check the requirements of the country you are migrating into.  In the absence of a consent from the other parent (your spouse), you need a court order declaring you as a sole guardian or custody holder.   BTW, most countries have this consent letter as a requirement, but only on a random check.  Mexico and Canada  of the countries I mentioned above, are very strict about it.  

India does not have a law on "abduction", but most western countries do. 

Thanks for the usefull information, I have already change the lawyer. The visitation application is on board now,  last date was 5th Nov 2011 & next is 8th dec. respected judge ask us to argue on next date with my wife's lawyer. we had sended notice to my wife & i come to know that she is shifted to another state, after they recieve the notice,Now her lawyer arrange a meeting with my son at his place & i am happy to meet with my son for 1 hrs time. we file an application for 2-3 day's custody with me during vacation time. 

I want to know that if they people did't give us next meeting dates. Can i file for custody also ?

Thank you very much again..God bless you