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How to avoid divorce and child custody
01-Jun-2023 (In Divorce Law)
Hi, I am right now come to work in UK for a year time. My husband and my kid is in India ( chennai ). My husband and I are not in good terms right now and he is planning for a separation from me. As i have left my kid in India at my parents place will my husband be able to file any court case against me and try to take my kid with him. Will he showcase that I have left my kid and came away to work as one point to separate my kid from me. I merely came onsite only in his willing, this was not something against his wish. After i came here he is behaving weird and I am scared. One more thing, he had already filled a restituton case against me in the year 2015 which was dimmised on April 2016 and we were living together again till May 2017. Kindly advise me on this.
Hello,
He cannot say that you wantedly left your kid and based on that reason he cannot claim the kid. You didn't mention the gender of your kid. It's better to know the gender based on that advise will be better if issue arrises
He cannot say that you wantedly left your kid and based on that reason he cannot claim the kid. You didn't mention the gender of your kid. It's better to know the gender based on that advise will be better if issue arrises
Helpful?
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Adv. B. Sivasubramanian
Chennai | 200+ Answers
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Madam,
Your husband can file any case like restitution of conjugal rights/divorce as the case may be, but he has to mention that you are in UK and such notice from court should reach you. As for as the child is concerned you did not mention the age, if the age of the child is below 5 years you(mother) is the natural guardian and to certain he cannot disturb you. It need further details to give a complete solution to you.
Your husband can file any case like restitution of conjugal rights/divorce as the case may be, but he has to mention that you are in UK and such notice from court should reach you. As for as the child is concerned you did not mention the age, if the age of the child is below 5 years you(mother) is the natural guardian and to certain he cannot disturb you. It need further details to give a complete solution to you.
Helpful?
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Adv. B. Thirunavukkarasu
Chennai | 100+ Answers
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Hi
Seems you are more worried about child. Not to worry as custody matters are quite sensitive and mother's occupy a predominant role in deciding custidy matters. However be prepared to challenge as chances are your husband may file a petition seeking custody. Advise your parents to be careful in case if your husband hatch any plan to abduct your kid and reinforce his claim.
Seems you are more worried about child. Not to worry as custody matters are quite sensitive and mother's occupy a predominant role in deciding custidy matters. However be prepared to challenge as chances are your husband may file a petition seeking custody. Advise your parents to be careful in case if your husband hatch any plan to abduct your kid and reinforce his claim.
Helpful?
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Adv. Rajaganapathy
Chennai | 100+ Answers
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Hello,
1. Even if your husband files a case, typically orders are not granted till you are served notice and appear in the court. Your husband may give a false address and try to get an order by set ting you ex-parte. make sure that you ask someone to check the post in all your recent residence/parents house.
2. Usually mother is treated as the natural guardian of the child and custody is given to her. In your case since you have gone abroad he may be able to get temporary custody till you come back. But the same can be contested depending on the facts of your case.
Do not worry unnecessarily about this issue unless your husband actually files a case. In the meanwhile, try to talk to him and come to mutual understanding.
1. Even if your husband files a case, typically orders are not granted till you are served notice and appear in the court. Your husband may give a false address and try to get an order by set ting you ex-parte. make sure that you ask someone to check the post in all your recent residence/parents house.
2. Usually mother is treated as the natural guardian of the child and custody is given to her. In your case since you have gone abroad he may be able to get temporary custody till you come back. But the same can be contested depending on the facts of your case.
Do not worry unnecessarily about this issue unless your husband actually files a case. In the meanwhile, try to talk to him and come to mutual understanding.
Helpful?
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The details of the kid not furnished. However, if the kid is a male child, then upto the age of8, the boy should be under the care of the mother and the father has a visitation right with advanced intimation or permission of the mother.
if the kid is a female child, then upto the age of 17, .he girl should be under the care of the mother and the father has a visitation right with advanced intimation or permission of the mother. Then it is open to the child to decide with whom or whose care the child wants to live.
In case of divorce among the parents, then they a liberty to file a petiiton in the District Court where the kid used to reside, to get the guardian right of the kid. That is known as Guardian Original Petition
if the kid is a female child, then upto the age of 17, .he girl should be under the care of the mother and the father has a visitation right with advanced intimation or permission of the mother. Then it is open to the child to decide with whom or whose care the child wants to live.
In case of divorce among the parents, then they a liberty to file a petiiton in the District Court where the kid used to reside, to get the guardian right of the kid. That is known as Guardian Original Petition
Helpful?
15+
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Adv. A Sahul Hameed
Trichy | 25+ Answers
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