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Simar (na)     01 December 2011

Child custody in out of court settlement

My sister is currently separated from her husband and has filed divorce, child custody and maintenance cases in the civil courts.

I had earlier posted a question asking what to do in the situation that the boy’s party (my sister’s husband) had lodged false cases against my sister and my father, after my sister filed the above three cases.

 -         For the false police cases that the boy’s party had lodged, we had lodged harassment case with the state human rights commission. The commission has taken the case.

-         For the false court cases that the boy’s party had filed (in civil court in their town), we had requested High Court to transfer the cases to our town. The High Court has now issued stay orders for both their false cases.

This has taken place over the last few months.

It seems that now the boy’s party is feeling a bit of pressure coming back to them, after they had lodged all these false cases. So the boy rang my sister last week and hinted out of court settlement.

My question is regarding child custody. My sister has a minor daughter (less than 5 years old). The daughter is living with my sister. If we have an out of court settlement, how should we manage child custody part, so that my sister can travel abroad with the child. She wants to go abroad to study. However, for the minor child to obtain the visa, the authorities will require either father’s permission or court’s order. I think we will have to show some child custody agreement document for visa purposes. What should we write in the document, so that visa authorities can take that document and allow the child to travel ?

What should be the key lines in the wording of that document ?



Learning

 1 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     02 December 2011

Get it mentioned in out of court settlement.

 

Now the mother is also the guardian of the ward and hence her signatures suffice in Passport application. so don't worry on that part.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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