UK Family Law
UK Family Law Questions Answered by Verified Experts
Thank you for your question
My name is Clare
I shall do my best to help you but I need some further information first
What made your wife fear that you would not bring the child back?
What nationality is your wife?
Why do you wish to take the child without his mother?
I am afraid that since the child is resident in the Uk you do need either the permission of your wife or an Order from the court to remove the child from the Uk - even if you are going home to India
You are entitled to apply to the court for permission to make this trip - but you will have to convince the court that you will indeed return the child to the uK
How you do that will depend on your work situation and any other ties that bind you here.
There should already be a date listed when you can make this application - if not it is done by way of an applictaion for a specific issue order using a form C100
I hope that this is of assistance - please ask if you need further details
You can certainly ask the court for an urgent hearing.
A written undertaking will not be sufficient I am afraid - you will need to show that there are good reasons why you will return and not risk imprisonment
That is certainly an option for you since your wife is dependent on you for her visa