Legal Question in Family Law in India

Taking son abroad against visitation rights

I fear, my wife may takeaway my son of 5yrs old to abroad without my knowledge. She have the custody of him, and i was granted monthly visitation rights. How i can stop such thing from happening?

Asked on 9/11/08, 1:09 pm

3 Answers from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates
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Re: Taking son abroad against visitation rights

File application for injunction in court

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Answered on 9/12/08, 5:40 am
Sudershan Goel Sudershan Goel - Advocate, International Visiting Scholar, USA [2008-10]
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Re: Taking son abroad against visitation rights

You may file an application in the court seeking a restraining order; and also a direction for deposit of child's passport with the court.

You may also send a copy of the court order to immigration/emigration authorities.

the child is 5 years old; you should try to seek amendment in the order of visitation rights so as to gain more frequent visitations - may be for at least two hours twice a week.

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Answered on 9/11/08, 2:32 pm
Sachin Sangare Private Practise
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Re: Taking son abroad against visitation rights

You can file an application for injunction restraining the mother to take the child abroad along with application for depositing the childs passport in the court.

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Answered on 9/11/08, 11:37 pm

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