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International Family Law

The leading authority on international family law

10 OCT 2012

India - Inter-Parental Child Removal-The Dark Side of the Moon

Anil Malhotra*

  • Considering, cross-border unions between 1.2 Billion Indians about 30 million non-resident Indians (NRI's) living in 130 nations abroad and the fact that India in itself is spread over 3.28 million sq. kilometers over 28 States and 7 Union Territories, has created an immense potential for unresolved inter-parental child custody conflicts within and outside India.
  • As a result of broken cross-border marriages, multi-jurisdictional matrimonial disputes and enforcement of custody orders of foreign courts, Non-Resident Indian parents remove their children to India or to foreign jurisdictions either in violation of a foreign court custody order or in infringement of the other spouse's parental rights.
  • The Hague Convention, a multilateral treaty developed by the Hague Conference on Private International Law; provides an expeditious method to return a child taken from one member nation to another. Proceedings on the Convention concluded 25October 1980 and the Convention entered into force on 1December 1983. It currently has 80 nation members worldwide. India is not a signatory to the Hague Convention.

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International Family Law Journal

International Family Law Journal

The practice title for family lawyers engaged in/dealing with issues European and worldwide

Available in Lexis®Library