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Clare
Clare, Attorney
Category: European Law
Satisfied Customers: 28300
Experience:  Attorney
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Hi Everyone, I am an Indian (bride) married to a UK citizen

Customer Question

Hi Everyone,
I am an Indian (bride) married to a UK citizen since 2009. I moved to UK in 2009 and my son (UK citizen by birth) was born from our wedlock in mid-2010. Since the end of 2010(December) we started staying separate (me in India with my parents and him being in the UK) due to the rising issues between us till date. My husband did not provide us any maintenance ever since then till date and we are heading towards separation in India (as I am residing in India ever since 2010 end). Recently, on approaching the court (in India) he was forced by court to pay me the minimum maintenance for my son because I am not working as I have to take care of my son. My husband threatens to acquire my son from me based on the International Child Custody Laws if I remarry anyone in future. He says that if we get separated and one of us remarries, the unmarried parent gets the sole custody of the child. I am really worried about this and this stops me from moving forward in life. I really cannot imagine my life without my son and at the same time I wish to move ahead in life.
My question is, can my husband, who did not provide us any maintenance since our child was 6 months old till date, acquire my son from me IN ANY WAY OR MEANS if I choose to remarry anyone in future? My son is 3 and a half years old now and does not recognize him as his father (due to his absence in his growing days).
Please help.
Thanks a lot
Submitted: 1 year ago.
Category: European Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question
I shall do my best to help you.
There is no International law that says any such thing - and there is no UK law saying it either.
Under Uk law the only reason that a remarriage would lead to a change of Residence would be if you chose to marry a man who was a known risk to children - something I am sure you would not do.
In any event since the child lives with you in India it is Indian law which decides where the child should live and with whom - that is what the Internationally enforceable agreements do say!
I hope that this is of assistance - please ask if you need further details
Claire
Clare, Attorney
Category: European Law
Satisfied Customers: 28300
Experience: Attorney
Clare and other European Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you for your answer Claire. The other question would be, if I choose to marry someone living in an another country (say Canada), would it make any difference to your answer? if yes, then how? what would the other details I would need to know if I choose to do so.


 


Thank you so much,


Rpal

Expert:  Clare replied 1 year ago.
Hi
It would make no difference BUT you would need either the agreement of the father OR and Order from the Indian Courts allowing you to move the child abroad
Claire
Customer: replied 1 year ago.

Hi Claire,


 


Is it a OR or an AND ? I mean, do I need to have both? (agreement from the father and Order from the Indian Courts)


 


Is there any way I can achieve this without the agreement of the father? As I know he would want me to stay confined within the country limits for his personal interests. I want to provide my son a better future.


 


Thanks for replying.


Rpal

Expert:  Clare replied 1 year ago.
Hi
It is an Or - the and should simply be "an"
You will have to apply to the courts in India for leave to remove the child
Claire

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