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Migrating with my kids without ex husbands concern


19-Sep-2023 (In Divorce Law)
I'm a single mother having 2 kids aged 17 and 12. I'm divorced since 2016. I'm planning to migrate with my kids this year. But my concern is i don't have the consent from my ex husband to take the children abroad even tough there is no custody with him. Is there any way that i can take my kids abroad without his consent. He is not living in India and not allowing us to migrate. Please give me a valuable advice so i can move my papers in October.
Answers (2)

Answer #1
600 votes
if kids are with your custody you can move any where because he still not file custody petition in family court this is process hence you can move your opinion but he filed any petition with regards this issue you can clear and move
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Answer #2
876 votes
If he has got a visitation rights of children from court and if he is visiting your children as per that then of course you have to take the court permission to migrate. But if has not got such order from the court then you can migrate and he can't restrain you or your children
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