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Child custody case still pending in court and want to go abroad now


11-Dec-2023 (In Family Law)
my query is that i had a pending case for my son custody in high since 2015 there is not result of that still.we have not even attended any hearing of it. now am planning to fly for foreign so can it be possible to fly.
Answers (5)

Answer #1
713 votes
As per your conversation as you said that child custody was pending before court, child custody filed by you or your wife and as you stated you dont know any status, before fly to out side first confirm about the case then only you can take any step.
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Answer #2
752 votes
If your case is pending in high court and the counsel is taking care of the case. You can inform the counsel and fly for short duration and come back, but only with his advise as he knows better at what stage your case is pending and is your presence required at that stage is also important point to be considered by your counsel.
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Advocate Rekha Kumari

Adv. Rekha Kumari

LawRato Hyderabad | 50+ Answers
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Answer #3
701 votes
You can fly to foreign. there is no problem if you fly and come back. But if Court notices you are staying there for long period without proper cause which may leads to prejudice of the court to think you cannot take care of child, then there are chances for giving the child to your custody. More over, there will arise such situations, where u will be called and examination by court which your presence is absolutely necessary. So if you to fly abroad, come back soon.
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Answer #4
750 votes
You can fly to abroad but the thing is that you can not succeed in the case if you want your children to your custody you have to satisfy the court that child be very safe in your costing than with the mother
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Advocate P V Reddy

Adv. P V Reddy

LawRatoVijayawada | 100+ Answers
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Answer #5
783 votes
Madam if the matter is pending in High court, then it is only your lawyer who is required to be present in the court. You are free to travel to overseas country whilst the case is pending as in High court it is only the lawyers who are required to be present and in the high court parties are not personally required to be present during proceedings. Hope this information is useful.
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Advocate Rajagopalan

Adv. Rajagopalan

LawRatoHyderabad | 25+ Answers
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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.

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