Hague convention - child custody

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.

New York, NY -

Attorney Answers (3)

Virginia Giselle Alvarez

Virginia Giselle Alvarez

Family Law Attorney - New York, NY
Answered

Yes they are signatories.

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

Giacomo Jacques Behar

Immigration Attorney - San Diego, CA
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
Theodore John Murphy

Theodore John Murphy

Immigration Attorney - West Chester, PA
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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