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Author Topic: Query froms successfulapplicants about child custody  (Read 1253 times)
SD2009
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Posts: 86
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Category........: FSW1
Visa Office......: New Delhi
NOC Code......: 0213
App. Filed.......: 20-Oct-2009
Doc's Request.: 23-Dec-2009
AOR Received.: 21-Apr-2010
IELTS Request: 23-Dec-2009
File Transfer...: 30-Dec-2009
Med's Request: 19-Oct-2010
Passport Req..: 19-Oct-2010
VISA ISSUED...: 24-April-2011
LANDED..........: Not decided (planning for it only)

« Reply #15 on: November 26, 2009, 11:16:44 pm »

Thanks Karishammar for your feedback. What you said does make sense to me.

By the way, I have filed my case through Registered Immigration consultant in India and as per them, one consent affidavit from other spouse would be sufficient. But thought of discussing the same concern among the people, who are in similar situation, so as to make sure that I am not been misguided.

I will be waiting for your further inputs, as what you find out from your lawyer and that would certainly help me alot.



If you have full parental rights and the other parents has waived theirs, you should theoretically be able to take the children. Will a personal agreement be recognized without a court order? I haven't the faintest idea. I would DEFINITELY check with a lawyer here, because international child abduction is a sensitive topic, and you absolutely cannot trust the words of random forum people on something so important.

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NOC: 0213
Visa Office: New Delhi
Application Sent: 13 Oct 09
Application Received: 20 Oct 09
AOR Received: 23 Dec 09
Document Submitted: 19 Apr 10
Second AOR: 21 Apr 10
In process: 09 Sept 10
Medical Request: 19 Oct 10
Visa Issued: 24 April 11
Karlshammar
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Posts: 1558
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« Reply #16 on: November 27, 2009, 05:11:12 am »

An immigration consultant can tell you what is acceptable from an immigration law perspective, but cannot tell you anything about what is considered legal in terms of child abduction or not. You'd need to ask a family lawyer about that. Unfortunately I don't have a lawyer on retainer myself, but you should be able to find the answer to this general question from any family lawyer in five minutes or so. Search for one with a free consultation; if you cannot find one, you can usually get a short consultation for $50-100.
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