Would like to take my children

Querist : Anonymous (Querist) 27 February 2020 This query is : Resolved
Dear Sir/Madam,
My wife has snatched my children (Daughter aged 10 years and Son aged 7 years) from me while leaving home around 3 years back. Kindly guide me on the following:

1) Can I take my children from her forcibly?
2) Also what will be the legal consequences I have to face if i do the above, as neither me or my wife have any legal orders from the court to keep the children as no cases been filed yet by me or from her side. Kindly guide.....

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Quick Summary

A father is asking for advice on how to regain custody of his children who have been living with their mother for three years. He wants to know if he can forcibly take them and what the legal repercussions might be, as there are no existing court orders. The advice given is that he cannot forcibly take the children and doing so could lead to criminal charges and jail time, especially as the children have been living with their mother willingly. It is strongly recommended to consult a local solicitor for professional guidance.

Raj Kumar Makkad (Expert) 27 February 2020
1. No.

2. You can face criminal case and can be sent in jail also. You cannot act as desired without the consent of those children as those are willfully residing with their mother since last 3 years without you.

Dr J C Vashista (Expert) 28 February 2020
Mr. Anonymous,
What have you been planed and took action during last 3 years.?
It is better to consult a local prudent lawyer for appreciation of facts/ documents, professional guidance and necessary proceedings

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