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Moving abroad permanently with child


26-Jun-2023 (In Divorce Law)
Can i move to abroad permanently with my 5 month infant child after filling divorce case in India. Should i have to take noc from my husband? And who will conduct the case on behalf of me?
Answers (5)

Answer #1
781 votes
Yes you can go aboard anytime. You don’t have to take NOC from anyone ! Regarding case you need to hire expert advocate in this regard. At times court also considers video conferences for your appearance. Plz b in touch
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Answer #2
602 votes
Dear Ma'am
It is advisable to get a legal police intimation with a legal expert declaring you to be moving abroad with your child. In case, your husband files a custody petition against you claiming you left with the child without intimating him, you may lose the custody. Moreover, I would advise you to send a legal notice to your husband simultaneously intimating him about the same in order to be on a safer side. Let me know if you need my assistance with that. Good luck!
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Answer #3
576 votes
For an infant, the mother is the natural guardian. The international law as to taking child abroad in matrimonial disputes is complex. Will need to discuss these facts in detail before I can advise you.
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Answer #4
634 votes
Hello Madam,

mother is the natural guardian of the child
yes you can but the airlines will ask for the NOC from father
appoint someone as POA for your. for further discussion please feel free to call
thanks
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Answer #5
662 votes
you don't have to take any noc from your husband. if the child is in your custody, you can easily take him/her along with you since the child cannot be left alone. the husband will try to get him back but those are subject to lengthy proceedings. your case can be conducted by your counsel, since it's a civil case and you can appear via video-conferencing
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