Comments on: India to Join Hague Conference to Protect a Married Woman’s Rights? http://conflictoflaws.net/2007/india-to-join-hague-conference-to-protect-a-married-womans-rights/ News and Views in Private International Law Wed, 10 Mar 2010 23:33:28 -0800 http://wordpress.org/?v=2.9.2 hourly 1 By: Martin George http://conflictoflaws.net/2007/india-to-join-hague-conference-to-protect-a-married-womans-rights/comment-page-1/#comment-176666 Martin George Fri, 27 Mar 2009 17:39:38 +0000 http://www.conflictoflaws.net/2007/legislation/india-to-join-hague-conference-to-protect-a-married-womans-rights/#comment-176666 Legal advice is not available via this website. I recommend that you consult a solicitor who specialises in such matters. Legal advice is not available via this website. I recommend that you consult a solicitor who specialises in such matters.

]]> By: RANJIT KAPUR http://conflictoflaws.net/2007/india-to-join-hague-conference-to-protect-a-married-womans-rights/comment-page-1/#comment-175291 RANJIT KAPUR Sun, 22 Mar 2009 22:01:49 +0000 http://www.conflictoflaws.net/2007/legislation/india-to-join-hague-conference-to-protect-a-married-womans-rights/#comment-175291 I am in asimilar problem. My wife took my daughter from USA to India and did not return. I have a full custody in USA and a divorce from the US court. The children are US citizents and I am a US citizen. my wife was a resident. She filed for divorce in India and she got guardianship in India? How can I get back my children to US? The Indian courts are slow and does not give visitation rights too. PLease advice. I am in asimilar problem. My wife took my daughter from USA to India and did not return. I have a full custody in USA and a divorce from the US court. The children are US citizents and I am a US citizen. my wife was a resident. She filed for divorce in India and she got guardianship in India? How can I get back my children to US? The Indian courts are slow and does not give visitation rights too. PLease advice.

]]> By: anitha http://conflictoflaws.net/2007/india-to-join-hague-conference-to-protect-a-married-womans-rights/comment-page-1/#comment-58373 anitha Mon, 18 Aug 2008 23:41:33 +0000 http://www.conflictoflaws.net/2007/legislation/india-to-join-hague-conference-to-protect-a-married-womans-rights/#comment-58373 hi, Iam currently going through a divorce and my soon-to-be ex husband insists on taking both my kids to India for a couple of weeks to see his family. Earlier he had threatened to take our 7 year old son to India with him and has been asking for sole custody of our son for the last couple of months. Thanks for the information posted but I would like to keep in touch in case I need answers. I filed for divorse late April, and am dealing with a very vengeful and irrational man who just wants me out of the picture. Thanks. Anitha hi, Iam currently going through a divorce and my soon-to-be ex husband insists on taking both my kids to India for a couple of weeks to see his family. Earlier he had threatened to take our 7 year old son to India with him and has been asking for sole custody of our son for the last couple of months. Thanks for the information posted but I would like to keep in touch in case I need answers. I filed for divorse late April, and am dealing with a very vengeful and irrational man who just wants me out of the picture. Thanks. Anitha

]]> By: Rahul http://conflictoflaws.net/2007/india-to-join-hague-conference-to-protect-a-married-womans-rights/comment-page-1/#comment-18625 Rahul Sat, 02 Feb 2008 01:20:31 +0000 http://www.conflictoflaws.net/2007/legislation/india-to-join-hague-conference-to-protect-a-married-womans-rights/#comment-18625 Chandra, I am in a very similar situation. Me and my ex-wife are working out a very similar arrangement. I am skeptical about it, but I don't seem to have much of a choice. I would like to get in touch with you and talk a further about this. Rahul Chandra, I am in a very similar situation. Me and my ex-wife are working out a very similar arrangement. I am skeptical about it, but I don’t seem to have much of a choice. I would like to get in touch with you and talk a further about this. Rahul

]]> By: Chandra http://conflictoflaws.net/2007/india-to-join-hague-conference-to-protect-a-married-womans-rights/comment-page-1/#comment-4601 Chandra Sat, 30 Jun 2007 15:09:24 +0000 http://www.conflictoflaws.net/2007/legislation/india-to-join-hague-conference-to-protect-a-married-womans-rights/#comment-4601 I have been in similar situation where my wife (soon to be my ex-wife) wants to travel to India with child (our son 6 1/2 years old) when we have joint legal and physical custody with 50/50 timeshare. She attempted abduction and was stopped and was convicted for attempted child abduction! I have been advised by my lawyers that it is legally impossible to get child back once he goes to India and she goes and files for custody over there. The work around the problem is to have a custody order issued by court here to be issued by court in India and she gives a bond of at least US $200,000 if she does not come by promised date. This money to be used for filing case in India to bring the child back. Also, this agreement changes the custody and awards primary custody to me. Since this will be expensive process that is why the bond is in place. So, father can use wife's own money to fight to get child back to USA and also get primary custody of child. I BELIEVE, this would be enough deterrent for mother to not commit such an act that she is legally on the wrong side, losses a chunk of money and is at risk of losing access to child. The concern I have is, how long does this take in courts in India....if it happens at all. The way court system is in India, it could take many years so I am not sure, the whole things is fool proof but still after speaking to multiple lawyers, this is the best I could get. I am available to answer any questions or discuss pros and cons with any other parent in similar situation. I have been in similar situation where my wife (soon to be my ex-wife) wants to travel to India with child (our son 6 1/2 years old) when we have joint legal and physical custody with 50/50 timeshare.

She attempted abduction and was stopped and was convicted for attempted child abduction!

I have been advised by my lawyers that it is legally impossible to get child back once he goes to India and she goes and files for custody over there.

The work around the problem is to have a custody order issued by court here to be issued by court in India and she gives a bond of at least US $200,000 if she does not come by promised date. This money to be used for filing case in India to bring the child back. Also, this agreement changes the custody and awards primary custody to me. Since this will be expensive process that is why the bond is in place. So, father can use wife’s own money to fight to get child back to USA and also get primary custody of child.

I BELIEVE, this would be enough deterrent for mother to not commit such an act that she is legally on the wrong side, losses a chunk of money and is at risk of losing access to child.

The concern I have is, how long does this take in courts in India….if it happens at all.

The way court system is in India, it could take many years so I am not sure, the whole things is fool proof but still after speaking to multiple lawyers, this is the best I could get.

I am available to answer any questions or discuss pros and cons with any other parent in similar situation.

]]> By: Rakesh http://conflictoflaws.net/2007/india-to-join-hague-conference-to-protect-a-married-womans-rights/comment-page-1/#comment-510 Rakesh Wed, 31 Jan 2007 22:43:11 +0000 http://www.conflictoflaws.net/2007/legislation/india-to-join-hague-conference-to-protect-a-married-womans-rights/#comment-510 Shri Vaya Ravi, I am currently studying some cases of separated/divorced parents of Indian origin. One such case involves a UK born child and mother wishes to take him on holiday to visit her family. But the father doubts that she will return back to UK although he does not have any solid reasons to back his case, its just a doubt. Mother has offered a mirror order to take place, she has also offered bond and parents in India have written to the Court in UK reassuring of her return. My questions to you are: 1) Have there been cases where a child had been sent back to UK by Indian Courts? If so, under what Act? 2) How else can the return of the Child be secured? Really appreciate your help. Regards, Rakesh Shri Vaya Ravi,

I am currently studying some cases of separated/divorced parents of Indian origin.

One such case involves a UK born child and mother wishes to take him on holiday to visit her family. But the father doubts that she will return back to UK although he does not have any solid reasons to back his case, its just a doubt. Mother has offered a mirror order to take place, she has also offered bond and parents in India have written to the Court in UK reassuring of her return.

My questions to you are:

1) Have there been cases where a child had been sent back to UK by Indian Courts? If so, under what Act?

2) How else can the return of the Child be secured?

Really appreciate your help.

Regards,

Rakesh

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