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Can I take my children to canada with me without husband's consent


18-Jul-2023 (In Divorce Law)
Is it mandatory for my husband to give an NOC to let me take my 3 minor children to the US or Canada to immigrate with me? He is not agreeing for a divorce, neither a legal separation, so in this case, am I allowed to take my children without any formalities with my husband? I am financial capable and I don't need to depend on his support whatsoever. My only concern is whether the NOC is a mandate. We are Roman Catholics and married in Mangalore.
Answers (2)

Answer #1
522 votes
Dear madam,
If u dont follow the procedure it might end up in difficult situation for u both at abroad and in India as the guardian ship and custody of minor is righs of parents .Hence don't take hasty decision just like that ,better have a meet and then understand pros and cons then take a decision about it . Better consult us ,OFC : Dr pankaj Kumar ,Advocate
Answer #2
668 votes
Madam,
Up to 5 years of age the minor chidren are permitted by the law to be with their mother and the father can invoke his right to custody of the children thereafter , moreover irrespective of the age he can file a petition for visiting of children at any point of time. Hence it is advisable to get a neccessary permission before you plan to immigrate.
Thanks and regards

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