Legal Question in Family Law in Bangladesh

Hi, I am from Bangladesh, but EU citizen and living in Bangladesh. I have a daughter and she is close to 6 years old and she is a citizen of USA. My wife was a citizen of Bangladesh and she divorced me two and half years back. Once I received divorced letter from her, I immediately filed a case in family court in Dhaka for my daughter custody as my ex-wife was an immoral relationship with other and I have shown all evidence in a court. Once I provided all documents to the court, just before pre-trial, she offered me negotiation and agreed to hand over to my daughter and I have written agreement. She remarried with another guy and leave Bangladesh and staying in the USA. Just a few months back she filled a case in family court in Dhaka and she wants to custody, my daughter. According to the law, can she get back custody my daughter even after remarried? Please note that I am providing the best well fare to my daughter about education, living of standard, medical and family life compare to others.


Asked on 7/31/16, 12:51 am

1 Answer from Attorneys

Barrister Monjur Elahi M. Elahi & Associates

Thank you for your question. According to our law father is the natural guardian of the children as such responsible and to provide maintenance to them. In this case being the father of your daughter you will be treated as the natural guardian of her, therefore you will have the custody of your daughter. However the mother is entitled to keep custody of your daughter till the age of 9 years but in this case she will not be able to keep your daughter with her on the ground that she has remarried and she has the nationality of a foreign country therefore there is a possibility that your wife may flee with your daughter to USA. In view of the above I am of the opinion that your wife may file a suit in the family court for the custody of your daughter but it is very unlikely that she get the judgement in her favour. However you should contact with a family lawyer to defend any lawsuit.

Regards,

Barrister Monjur Elahi

Mobile: 01717554759

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Answered on 7/31/16, 3:12 am


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