Child Custody Law

Can my wife take our child abroad without my consent?

Asked by Anonymous · Answered 05 Feb 2026

The Question
My wife has been talking about relocating abroad with our child, but I haven't agreed to this and I'm worried about losing contact. What are my rights here?
Answer — MyLawIndia Legal Team

If you have joint legal custody or guardianship rights over your child (which is generally the default position for both parents while married, and often continues in some form even after separation unless a court has specifically decided otherwise), your consent is typically required before the child can be relocated abroad, especially if doing so would significantly affect your ability to maintain your relationship with the child.

If your wife takes the child abroad without your consent and without court permission, this can potentially be treated as wrongful removal, and you may have legal options both in India and, depending on the destination country's treaty obligations, internationally, though the international enforcement side can be complex and country-specific.

Given how time-sensitive and serious this kind of situation can be, it's important to consult a family lawyer promptly — ideally before any relocation happens — to explore preventive steps like a court application restraining removal of the child without permission, rather than trying to address it only after the fact.

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