Stop my child flying abroad with my Ex

Querist : Anonymous (Querist) 25 November 2018 This query is : Resolved
Hi,
We have peacefully separated through mutual consent and have a joint custody of our child.
Now my ex is getting remarried with an Australian citizen and has filed for permanent custody of the child to settle in Australia permanently depriving me and the child of access visitation and custody.
In our consent terms it is agreed between both the parties the following,
Child will never settle out of India till the age of 18
In case she travels out of India it would be for travel purpose only and return to india
In case of remarriage of either parties access terms would remain unchanged
My Question is to the legal experts,

*How should I stop my ex taking the child abroad
*Will the Immigration Authority support me to stop her from the child
*What is the procedure to connect with the Immigration authority
This is an emergency as I have been informed through know sources that they would travel anytime next month

Follow Query

Report Abuse

Querist : Anonymous (Querist) 25 November 2018
MOST URGENT

Vijay Raj Mahajan (Expert) 25 November 2018
Move the Family Court for getting injunction order for taking the child out of the country on the basis of agreed terms and conditions for divorce and child custody matter. The order of the court can only prevent the Indian immigration authority to prevent the child extradition from India.

kavksatyanarayana (Expert) 25 November 2018
Did you divorce through Court? If yes, then consult your own counsel for filing petition in the Court.

Dr J C Vashista (Expert) 27 November 2018
In case your ex want to take minor abroad and it is forbidden in the "Compromise Deed" of mutual consent divorce, you can move to Family Court for violation of the aforesaid compromise.
It would be better to consult your lawyer who is well aware about the facts of the case.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now