Question:
I have been divorced for 3 months, and I have a 5-month-old son. The divorce was initiated by the girl. They have not given any dowry money, nor have they provided any child support. Now, if the father wants digital birth registration for the child’s birth certificate, he gives many excuses and now directly refuses to provide it. The child needs to be enrolled in school soon, and I want to travel abroad with the baby, but they are making it difficult. Can I get any legal help to get the birth certificate and take my child abroad?
Answer:
Yes, you can seek legal help to resolve this situation. Here’s what you can do:
- Apply for the Child’s Birth Certificate
- In Bangladesh, a child’s birth certificate is issued through the local union council or city corporation. The law allows the child’s father or mother to apply for it.
- If the father is not cooperating, you can directly apply for the birth certificate yourself by providing proof of the child’s birth (e.g., hospital records, doctor’s statement).
- If the father’s refusal is based on his authority over the child, you still have the legal right to apply for the certificate as the mother.
- Legal Action for Birth Registration
- If the father is deliberately refusing or making it difficult, you can send a legal notice requesting the birth certificate. The notice can inform him that you will take legal action if he continues to refuse to cooperate.
- You can also file a petition in the family court for an order to obtain the birth certificate. The court can compel the authorities to issue the birth certificate without the father’s consent if it is in the child’s best interest.
- Child Support
- You may also want to consider filing for child support under the Muslim Family Laws Ordinance or any other applicable laws. The father is legally obligated to support the child, including financial and basic needs.
- Traveling Abroad with Your Child
- To travel abroad with your child, you will likely need the birth certificate as proof of the child’s identity.
- If the father refuses to give permission for you to take the child, you may need to get a court order allowing you to take the child abroad.
- You can file an application in court requesting permission to travel with the child. The court will assess the situation and decide in the best interests of the child.
- Consult with a Lawyer
- A family lawyer can help guide you through the legal procedures, including the birth certificate application and any necessary legal actions for travel or child support.