NRI Child Custody in Delhi: Relocation, Passport, International Travel, Visitation & Parenting Plan Guide 2026
Cross-border custody issues where a child may live, study or travel between India and another country.
NRI child-custody disputes often turn on practical questions more complex than the label “custody”: where the child will ordinarily live, whether relocation abroad is permitted, who holds the passport, how international travel is approved, how school calendars affect visitation and how a parent living abroad maintains meaningful contact.
Relocation abroad
A relocation request may require the court to examine the child’s age, schooling, emotional ties, immigration status, proposed residence, access to the other parent, financial arrangements and the realism of the proposed visitation plan. Relocation should not be treated as an automatic consequence of one parent obtaining a foreign job or visa.
Passport custody and travel consent
Orders and settlements should identify who retains the child’s passport, how consent for travel will be recorded, the notice period before travel, itinerary and accommodation details, emergency contacts, visa responsibilities and the date by which the child must return. Ambiguous travel clauses frequently generate later litigation.
Visitation when one parent lives abroad
The Supreme Court in Yashita Sahu v. State of Rajasthan, (2020) 3 SCC 67 recognised the importance of meaningful contact between a child and the non-custodial parent. Cross-border parenting plans may combine longer physical access during school holidays with structured video contact during the academic year.
School continuity
A relocation or custody arrangement should deal with school admission, fees, curriculum continuity, special educational needs and access to school records. A child should not become the subject of repeated school changes merely because matrimonial litigation shifts between countries.
Foreign custody orders
A foreign custody order is relevant but does not mechanically displace the Indian court’s welfare jurisdiction. Indian courts examine the child’s circumstances, comity considerations and the welfare principle. The precise weight of a foreign order depends on the facts and procedural history.
Related resources
See the NRI Divorce Delhi pillar, Child Custody at Saket Family Court and Father’s Rights in Child Custody Cases.
Parenting-plan checklist
- ordinary residence and school;
- passport custody;
- international travel notice;
- holiday and festival schedule;
- video-call frequency and timing;
- travel and accommodation costs;
- medical consent and insurance;
- school-record access; and
- return and breach safeguards.
Telephone: +91 76976 71219
Email: advgovind@fastracklegalsolutions.com
General legal awareness only. International child-custody disputes are highly fact-sensitive.
Author: Adv. Govind Bali, Fastrack Legal Solutions LLP.