The Kerala High Court has clarified that granting permission to one parent to take a child abroad does not foreclose the other parent’s right to seek custody of the child. In a recent case, a woman had filed a case for a Sole Legal Responsibility Certificate to take her child abroad, but the Family Court had refused her plea on the grounds that the father of the child would not be able to interact with the child.
The Court observed that as long as the petitioner remains an Indian citizen, the Family Court and the High Court can enforce custody orders even if the child is taken abroad. The Court also noted that the father of the child was also residing abroad and there was no possibility of him taking care of the child. Therefore, it was in the best interest of the child to issue a Sole Legal Responsibility Certificate to facilitate the mother to take the child along with her to the United Kingdom where she is pursuing her studies.
However, the Court ordered that if permission is granted, it would be subject to arrangements for the respondent to interact with the child and to bring the child to India during the school annual vacation.
This decision by the Kerala High Court clarifies that granting permission for one parent to take a child abroad does not affect the other parent’s right to seek custody of the child. It also highlights the importance of considering the best interests of the child when making such decisions.
As a parent, it is important to consider the impact of your decisions on your child’s upbringing and to seek legal advice if necessary. The welfare of the child should always be the top priority, and custody arrangements should be made in their best interest.
In conclusion, the decision by the Kerala High Court is a significant one for parents seeking custody of their children and emphasizes the importance of taking into account the best interests of the child in such matters.
The petitioner shall file an affidavit before the Family Court, Thrissur undertaking that she should comply with the aforesaid conditions, without any fail. On submission of such an affidavit, the Family Court will issue the Sole Legal Responsibility Certificate.
The Original Petition is allowed as above.
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