Hague convention - child custody

Asked about 2 years ago - New York, NY

is india in hague convention country? husband and wife are on h1 work visa and if wife gets sole custody and takes child to india can the husband file case in us court telling to bring child back to us? or the case then needs to be held in indian courts. please advice.

Attorney answers (3)

  1. Virginia Giselle Alvarez

    Contributor Level 16

    2

    Lawyers agree

    Answered . Yes they are signatories.

    The above answer does not constitute an attorney client relationship and/ or retention of counsel. This answer is... more
  2. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Whether India is a signatory to the Hague convention on child kidnappings or not does not matter at all. Every country favors its own citizens in situations such as this. In this case I expect Indian courts to favor the parent who returns or chooses to remain in India and has the child in his possession and physical custody.
    Consult with a family lawyer in your area, and also with an Indian.."solicitor" ? or "barrister"? (What the h... are they called there? )

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  3. Theodore John Murphy

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . You should seek the advice of a family law attorney.

    The answer provided here is general in nature and does not take into account other factors that may need to be... more

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Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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Child custody may be physical or legal. Physical custody covers who the child lives with, and legal custody is the right to make decisions.

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