Legal Question in Family Law in India
Child custody without divorce in case of abusive and dangerous parent
Me and my family are Canadian citizens, however, forced to stay in India due to my father. For the past 6 months, he has got really drunk and crazy, so I fear for my little brother's and mother's safety. Is it legal in this case if I send my mother and little brother(under 18) back to Canada without his consent? I don't want my mother and little brother to live like this.
3 Answers from Attorneys
Re: Child custody without divorce in case of abusive and dangerous parent
when you say you and your family are canadian citizens, do you mean to include your mather and your younger brother ?
In any event, your Mother cannot be stopped from goint to canada, and also take her minor son with her, and stay with you in canada.
Re: Child custody without divorce in case of abusive and dangerous parent
It is perfectly legal to take yr mother&brother to canada with you.
Re: Child custody without divorce in case of abusive and dangerous parent
Yes, Both your mother and brother can go to Canada without seeking your father's consent, unless your father has any court order for custody of the brother or an order restraining your mother from taking your brother away from India.
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