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Hague convention - child custody

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.

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Attorney answers 3


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 construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


Yes they are signatories.

The above answer does not constitute an attorney client relationship and/ or retention of counsel. This answer is based upon the facts presented and may change if additional information is provided. The rules of the Bar for New York State may require me to advise that this could be construed as attorney advertisement.


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 reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.