Risk assessment for child travel to India
I live in London and am going through divorce proceedings in the Family Court in England. Specifically, the purpose of this email is for the ongoing proceedings for Children matters and custody. My 3 year old son (Avyan) lives with my ex-wife. In the UK, if any parent has to travel internationally alone with the child, then a written consent is required from the other parent.
We had our first hearing for Children matters a few weeks back, and I have refused international travel to my ex-wife stating she is a flight risk and might relocate to India or some other country in the future.
the mother requested travel to India and the Judge denied. Please see the order below from the judge to perform a risk assessment for India travel.
Expert evidence
9. The parties are permitted to instruct an expert in Indian family law to advise the court in respect of potential travel by either parent to India with Avyan.
10. The costs of the expert report will be shared equally between the parties.
11. The following directions shall apply to these instructions:
a. The applicant father must provide the respondent mother, by 4pm on 6 December 2024, with details (CV and costs) of three appropriately qualified experts and a draft letter of instruction;
b. The respondent mother must select one of the experts, and provide any comments on the draft letter of instruction, by 4pm on 13 December 2024.
c. The agreed letter of instruction shall be sent the expert by 4.00 pm on 18 December 2024;
d. The instruction of the expert must comply with Part 25 of the Family Procedure Rules 2010.
12. The questions to be dealt with by the expert are as follows:
a. Whether the Indian courts would recognise and enforce orders made in this court to secure the child’s return from India at the conclusion of any agreed or permitted travel;
b. Whether it is possible to obtain a “mirror order” in India in advance of travel, reflecting the terms of an order made in this jurisdiction;
c. If not, what other routes would be available to either parent seeking the child’s return to the UK from India;
d. The likely time that each of these routes would take, and an estimate of the costs involved.
13. Permission is not given for the expert to see and assess the child.
14. The expert’s report must be sent to the court and to the parties by no later than 4.00 pm on 31 January 2025.
15. Questions of the expert must be dealt with in accordance with FPR rule 25.10.
16. Experts can request the court (by letter or email) to give directions pursuant to FPR rule 25.17 for the purpose of assisting in the carrying out of the expert’s functions.
17. Any application for permission to call an expert to give oral evidence must be made no later than 2 working days before the dispute resolution appointment. Any party making such an application will be expected to have raised written questions in accordance with FPR rule 25.17.
18. In the ev