Term clarification of 'Gaurdianship' Christian

Question

Term clarification of 'Gaurdianship' Christian

22-Jul-2023 (In Divorce Law)

I am divorced by mutual consent and I have custody of my 8 year old son. My ex-wife has 'free access' as per consent terms. To travel outside India on holidays a country is asking for a legal document that specifically states that I have 'gaurdianship' of my son, however the divorce decree only states "custody". How can I procure this legal document?

Answers (3)

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Advocate Mohd Atik Iqbal LawRato · Accepted Answer · 2021-07-22T11:43:05+05:30

Answer #1

Sorry to know about your situation. The decree of your mutual divorce shows custody and therefore it should be enough, however if you need specific mention about guardianship then you got to apply to the family court with the prayer mentioning about the word guardian....

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Advocate Abhinav A. Bhatkar LawRato · Accepted Answer · 2021-07-22T12:04:36+05:30

Answer #2

you MUST file the guardianship petition before High Court and court where the custody orders exist. That way, there will not be 2 different courts issuing custody orders about the minor that could conflict with each other.

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Adv. Abhinav A. Bhatkar Adv. Abhinav A. Bhatkar

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Advocate Garima Anil Mehrotra LawRato · Accepted Answer · 2021-07-22T20:07:57+05:30

Answer #3

You will have to move an application before the court and seek that the word guardianship word be included in the divorce decree or else you will have to produce the divorce decree only before the consulate stating that the same is the only document available with you and notify everyone the child’s birth certificate

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Adv. Garima Anil Mehrotra Adv. Garima Anil Mehrotra

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