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taking my minor daughter to UK after re marrying


21-Oct-2023 (In Immigration Law)
i am divorced since a year with my 8 yrs old daughter's permanent custody. I want to re marry an NRI in uk and want to know if my ex husband can stop me to take the child to uk if he visits her every few days currently. How can i take her legally if my ex husband refuses to give consent?
Answers (1)

Answer #1
652 votes
In some cases, both parents residing in the same country but because of Divorce or due to change in circumstances, one parent will seek to relocate to a foreign country with his or her child. In determining whether to allow a parent to move a child to a foreign country the court will weigh several factors, includingo whether the country is a signatory to the Hague convention, whether the foreign jurisdiction will enforce any existing custody orders, and the effect of the relocation on the current custody of the child. Of course as in any custody case, the ultimate factor in determining whether to allow one parent to relocate a child to another country is whether the relocation will be in the best interest of the child.

So, in your case, your Husband can create complications for you & can stop you by a court's order that you should not be permitted to leave India with the custody of the child. In case, if you'll be successful in relocating the child to a foreign country with you, then still your Husband will try to get back the custody of child by seeking the help of Hague Convention.
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