Child Custody

Child custody issues that occur overseas for an NRI is very complicated. Each and every country have their own rules and regulations. It has been recorded that many NRI child custody cases have come up in Indian courts the main question is as how to determine the jurisdiction. To determine this UNIFORM CHILD JURISDICTION AND ENFORCEMENT ACT has been referred to. This was enacted to solve child custody disputes and give jurisdictional powers to the home state of the children. Many a times the custody of children will be decided with respect to international conventions. Section 3 of the Hague Convention of 1980 lays the provisions for the illegal taking of child custody. However, India is not a party to this convention so they cannot use this rule or anything from this Act. If any child has been taken by the parent illegally against the custody, then they will be held liable under Article 226 of the Indian constitution read with Article 32.

The Indian courts have also stated that they will not interfere with the laws and rules with respect to child custody of any nation. Many a times Non resident of India mothers will want to shift to India and get the legal custody of the child after separation. The Supreme Court on this issue stated that the Indian courts will not have the power or authority to maintain and settle the disputes of Non – resident of India couples whose cases are pending in foreign courts. A Non – resident of India mother brought her child from United Kingdom to seek custody in India the Supreme Court and High court both held that she takes the child back to the British courts and settle the disputes there and that the Indian courts will not entertain this or have power of overriding the British courts.

It can be seen with the cases and scenarios that India still does not have a separate law or provision for the child custody disputes of Non – residents. This is still in the starting stages in our nation. The judiciary is dealing with such issues diligently yet however a separate law must be enacted for better and easy understanding. India can also try to sign the Hague convention which will make the overseas child dispute a little less complicated as this convention covers all foreign nations and keeps a common law for the whole world (nations which has signed the convention.)

To understand the concept of child custody for NRI it is advised to consult the best child custody lawyer. Maha Law Associates (MLA) is a very well learnt advocate office in the field of child custody. We will be able to aid the clients even if they are at overseas nations and want to contest in India. We can guide them with the best choice available.

Need Advice Or Want To Discuss A Case? Contact us at +91 8142959959 or email us at contact@mahalawassociates.com.