Spouse took the child abroad without consent
What usually matters in this situation, and the papers to keep ready before you meet an advocate or free legal aid (call 15100).
Before anything elseContact an advocate urgently; also inform the police and the Ministry of External Affairs.
Act quicklyCourts can pass urgent interim orders. See an advocate soon.
Make my own list — free, 2 minutes
Your situation
- What is your situation? My child was taken away without my consent
Where you stand
- Next step Courts decide on the child's welfare — schooling, care and stability records matter most.
Papers to gather
- Child's birth certificate and ID
Basic proof. Where: Municipal records, your files. - School records: admission form, fee receipts, report cards, PTM attendance
Shows who manages education. Where: School, your files. - Child's medical and vaccination records
Shows care and any special needs. Where: Doctor, hospital. - Photos and messages showing daily involvement (tuitions, activities, routines)
Courts look at the relationship, not just money. Where: Your phone. - Record of visits refused or cancelled (dates, messages)
Supports a visitation request or enforcement. Where: Your messages. - How and when the child was taken, and where they are now (messages, police report)
Urgent applications rely on these facts. Where: Messages, police. - Your income, home and support arrangements (who helps with care)
Courts check stability, not wealth alone. Where: Salary slips, rent agreement.
You may also need, depending on your answers
- Existing custody or visitation orders and the case file — New requests build on existing orders.
- Records of safety concerns (medical, school reports, complaints, messages) — Welfare concerns need proof, not just allegations.
- Child's passport details and any travel plans you know of — Supports a request to restrict travel.
What the law says
Custody is decided by family courts under the Guardians and Wards Act and the applicable personal law (e.g. Hindu Minority and Guardianship Act). The child's welfare is the paramount consideration.
General information, not legal advice.
Saboot will also ask
- First: are you safe right now?
- How old is the child (or the youngest child)?
- Who does the child live with now?
- Is there any existing case or order?
- Is there any concern about the child's safety with the other parent?
Similar situations
- Spouse took the children and won’t let me see them
- Want full custody of my child
- Ex filed a custody case against me
- Grandparents want to see grandchildren
- Shared parenting after divorce
Sources
The full guide: Child custody or visiting rights · All situations