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Anirban   13 December 2015

Child visitation

I got a divorce and after my wife gave birth to a baby with her boyfriend I brought my kid to me.She filed a child custody case against me with a interim case of visitation.If I go to a foreign country do I have to comply with the visitation if the court gives any order or is there any way out?



Learning

 5 Replies

Adv. Yogen Kakade (+ 91 9225510883)     14 December 2015

Hi,

As your issue of child visitation is sub judice.. to take your child abroad with you.. you will have to have a permission from the mother of the child or should get such order from the court.

Adv. Yogen Kakade

Jurycon Incorporation

Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in 

 

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     14 December 2015

After divorce, if your ex decides to discontinue or is incapable of continuing child support, it does not give you any right to withhold the visitation rights of non-custodial parent. In such a case, your behavior can result in your loss of child custody rights on the grounds of “frustration of visitation”. On the other hand, don’t let guilt of inability to meet child support stop you from meeting your child. Courts in India address the issues of child support and visitation separately.

Born Fighter (xxx)     14 December 2015

Pls google to get insights into a case wherein an Italian father took the child abroad without getting consent of mother and HC Mumbai is chasing the father to getback to India. But there is no luck and father is not responding taking advantage of loopholes in india-italy international laws.............

 

https://timesofindia.indiatimes.com/city/mumbai/Bombay-high-court-fumes-as-Italian-man-leaves-country-with-adopted-child/articleshow/48594094.cms

prabhakar advocate (advocate)     15 December 2015

When you go abroad, whether you are leaving your child here or taking along with you?  Any how, whatever relief you want, you can move appropriate appliation in pending case and leave  it to the court to decide the issue.

T. Kalaiselvan, Advocate (Advocate)     24 December 2015

Well advised by learned advocate Mr. Prabhakar, nothing more to add.


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