I am sorry that you are going through this. The hague convention may apply depending upon certain aspects of your case however, you really should sit with a local NC attny and go over what you are trying to accomplish, the he or she can give you some more specific advice, I cannot tell from the question if you are already in INDIA with a US court order or if there are current temporary orders. Also, as you know Indian courts are very old and in many cases they may err on the side of their own law and not give full faith to another countries law regardless of what they are suppose to do.
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.
If you are in India you may also want to get the opinion of an attorney there.
The information contained in this answer is not intended to be legal advice as the drafter of the answer does not know particular details about your case. For more information please visit our website www.bakerbillick.com
Sign up to receive a 5-part series of useful information and advice about child custody law.