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Taking minor abroad

Hi, I want to go abroad for work and want to take my 4 year old along. Me and my husband are separated and in no contact since past 1.5 yrs. What is the process to get court order to take my child abroad?


 16 Replies

Sb Karma   11 November 2019

Originally posted by : Keerthi

I want to go abroad for work and want to take my 4 year old along. Me and my husband are separated and in no contact since past 1.5 yrs. What is the process to get court order to take my child abroad?


Its depend on the terms when you both separeted...

During your separation it depends on the visitation rights of the husband. if he has visitation right every week, then it would be difficult. however even if you violate, you can plead the same in case there is a petition for visitation or its violation. nobody can be prevent you from going abroad.

Real Soul.... (LEGAL)     11 November 2019

have you been appointed as Guardian od your child,if no just the guardianship and proceed ;Insist upon the court that you doing that for the welfare of child.

Hi sir, Thank you. There was no speration note and he hasn't visited my daughter in past 1.5 yrs. Under Hague convention as I am traveling with minor I will need his consent or court order. I am not sure if he would give his consent so would like to get court order. Can you please let me know how I can get court order for her to travel with me?? Also the time frame for the same

Hi sir, no custody case till date. He never visited her too... I am taking care of her solely

Real Soul.... (LEGAL)     11 November 2019

Ar you comming back may be after some time or just forever you are going abroad


My parents are in India so will be coming n also work permit is for 2yrs only

Real Soul.... (LEGAL)     11 November 2019

Sisiter it appears that your husband is not at all intrested in you or your child ; but there are some legal impediments/difficulties for wmigration ;

may i know where you are goin to which country ?

Are you legally seperated or jsut living seprately without any divorce or seperation written as of

If you prosper may be you aprrehend in near future your husaband may claim the custody

Sir, we are just living separately.

What should I do to take my daughter along please??

Real Soul.... (LEGAL)     11 November 2019

That means you are no more divorced;

Sister i advise you to take your child ,at the mnost your selfish Husband can file for custody in the ourt and he would take years to serve the notice. 

You can travel as otheerwise also he is not going to track where you went.

Leave and don' let him know ehere u are

IF he files for any case you have the justification. Just before leaving  write a notice by your self and mention everything in that as;

How he ignored you always and never took responsiblity of child and never visited even you for past years and half/

You also mention that you ahve to spend huge sums to maintain yourself and your child etc.

Mention that you are complelled to look for job outside india to get better future for you child.  Just make that notice served tyhrough post and keep AD.

Go and take your child 

Your comments gave me a huge relief. Thanks sir. But how do I get court order for visa purpose sir

Real Soul.... (LEGAL)     11 November 2019

That is what i asking for is better you meet some travel agency who do such things


Real Soul.... (LEGAL)     11 November 2019


becauseYou are not legally divorced, either the husband or the wife can take the children without each other's consent. ... While grounds for legal separation typically resemble the reasons a couple may file for divorce, they are still legally married and not bound by any legal child custody obligations.

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Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     11 November 2019

As your husband has not visited the child so far for 1.5 years, as there is no court order regarding custody and visitation rights and as no custody battle  is pending in the court, the Hague convention will not apply. You slip quietly out of the country.

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