Aarti (na) 06 October 2016

Immigration wants to see permission to settle permanently

I (mother) have legal custody of my minor child after my ex-husband and myself reached an agreement. The court order says that my ex-husband has no objection if the legal custody of the child is given to me. The court order also says that I am appointed the guardian and that the custody of the minor child is given to me. Since then I have been caring for the child by myself. Now I have married someone living overseas. I applied for the visa. But the foreign immigration department is saying that the court order is not enough. They need to see a line in the court order that says that the child can settle overseas permanently.

I am so worried now. What can I do ? In Indian courts it takes so much time to get anything done. What are my options ? How can I have that line in the court order ?

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7 Replies

Sachin (N.A) 06 October 2016

Immigration dept is right you can't take the child to abroad without court permission or biological father of child.

You can either go to court for that or can mutually settle this matter with your ex-husband.

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Aarti (na) 06 October 2016

I wanted to ask - is legal custody as described in my original question is not enough ? Doesn't custody of child mean that I can make a decision with regards to moving the child overseas ?

My husband is not interested in the child and there is no contact with him.

If I have to go to court, what does it involve ? Does it mean starting the whole case again. My ex-husband will not be ready to go over the whole case again. Can the court add just one more line to the court order quickly ?

Sachin (N.A) 06 October 2016

Can you please elaborate what your custody order says does it talks about

Legal custody ? or Physical custody ? or Sole custody ?

And which country you are going?

Aarti (na) 06 October 2016

I have sent you the details by PM.

Himanshu Singhal 06 October 2016

Hey Aarti, its better you talk to a lawyer who deals with immigration cases. I myself is not into immigration lawyer but I would defintely connect you with the best immigration lawyers.

For further information kindly get in touch with me on 9953321193

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Aarti (na) 07 October 2016

There was no 498a/DV. It was by agreement but after a lot of trouble and other parties coming in between. So it seems that the fastest way is to get the affidavit from him but I am worried that he will not co-operate this time. It seems that the other option is to start the case all over again to get another court order for permanently settling abroad. But I have been told that it can take 2 years. This means that I cannot join my husband for two years at least, may be more. So I am now thinking of contacting my ex-husband for this (affidavit) and see what his response is.