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Author Topic: Child custody after ex-parte order  (Read 72 times)

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Offline raj_kumar

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Child custody after ex-parte order
« on: July 31, 2018, 02:08:05 AM »
The ex-parte divorce order has been granted and the 6 year old child is with the mother now. The divorce order does not speak anything about the child custody at all. The father has not seen the child for more than 5 years now and they don;t even know where he is now. Question is : does the mother has to file another case for the child custody or is it acceptable to have it as it is now ? What happens with re-marriage and traveling abroad ? Visa requirements say that a court order is needed or an NOC from the husband if the child travels with only 1 parent. When the father is not reachable and they don;t know the wherabouts of him, how does this case work ? Any suggestions ?

Offline advjaibansal

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Re: Child custody after ex-parte order
« Reply #1 on: July 31, 2018, 05:32:43 AM »
The mother can re-marry anytime after 90 days from the date of decree of divorce. Once she has the custody, she is not required to file any separate petition. There must be somewhere written in the divorce order/decree that the child is with the mother, that will be sufficient to get the visa and travel abroad or to get the visa.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline raj_kumar

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Re: Child custody after ex-parte order
« Reply #2 on: August 01, 2018, 12:13:51 AM »
It doesn't say anything about the child in the order. Child has not been with the father after 6 months. Now it's 5 years.

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