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Samson Samuel (Lawyer)     28 October 2012

Foreign travel ban for minor child

 

The local magistrate ordered that the child who is in mother’s custody after the divorce should not be taken abroad till he attains majority.

Now the mother wants to go abroad and take her son along with her.

What to do?

Please guide.



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 3 Replies

stanley (Freedom)     29 October 2012

The entire matter is not clear with the above post does the childs father have visitation rights and is the mother going abroad permenantly or just on a visit for a few months .Does the mother want to take the child permamently or is it a case of migration . Only after the above is clear can a reply be given .

 

Samson Samuel (Lawyer)     29 October 2012

Hi Stanley

The custody of Child is with Mother.

Mother wants to go abroad on a visiting visa i.e. on temporary basis and want to take her son with her.

stanley (Freedom)     30 October 2012

under change of circumstances the mother can file an application for travelling  abroad provided assurances and a gaurantte are given for the sons return . You havent mentioned anything about the visting rights of the father if it is getting effected due to the sons travel abroad .if that is not the case than i dont think so there should be a problem .


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