620+ Lawyers are online 
Regarding child custody and notifying the ex about my absence
26-Jun-2025 (In Divorce Law)
I have been mutually divorced,and have 50-50joint custody of 7yrs child, physical custody is with me(mother),my ex has put a clause not to take away kid abroad or out of pune.But i want to start my new life & get settled abroad,do i have to notify or ask for his consent before i go ?Also i want to fight for sole custody of the kid,will this affect my case if i leave my kid for 4months at his place and get back?
As an advocate,
Under Indian law, given your 50-50 joint custody and the specific clause prohibiting taking the child out of Pune, you absolutely must obtain your ex-husband's explicit consent or a court order before relocating abroad with the child. Attempting to leave without either could be considered a violation of the custody order, potentially leading to contempt of court proceedings and severely jeopardizing any future claim for sole custody. Furthermore, leaving your child with your ex-husband for four months and then returning to fight for sole custody would likely be viewed unfavorably by the court, as it could suggest instability or a lack of continuous primary care, potentially undermining your argument for sole custody.
Helpful?
Adv. Mahrukh Khan
Mumbai | 200+ Answers
Chat
If you have joint custody of the child then it is imperative to intimate and inform your ex husband about you taking the child abroad. Also, before moving abroad you need an order from the Court. Feel free to contact me for seeking any legal advice as regards the same.
Helpful?
Adv. Prerna Shukla
Mumbai | 700+ Answers
Chat
request you to kindly explain your matter in detailed and in person
request you to kindly explain your matter in detailed and in person
request you to kindly explain your matter in detailed and in person
Helpful?
Adv. Santosh S. Gaikwad
Navi Mumbai | 100+ Answers
Chat
Well, if you want to take your child abroad, then you cannot do it without seeking permission of your spouse and permission of the concerned Family Court which has granted Joint Custody of the Child to you & your Husband!
Helpful?
Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
Chat
Since the custody order restricts taking the child out of Pune/abroad, you must take consent from your ex or court. Leaving the child for 4 months may affect your sole custody claim. Always act legally in the child’s best interest and seek court modification if planning to relocate.
Helpful?
Adv. Mrunmayi Kotawadekar
Mumbai | 100+ Answers
Chat
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Divorce lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
