Can you please tell me if a mother taking a minor child to the US on a dependent VISA without the knowledge of the father who is also in US with the intention of seeking Asylum with the US government or stay illegally in the US with the help of American's and later get adopted by the Americans. Does this qualify for child trafficking in US or India? or any kind of criminal offence that can be registered against the mother for taking the child overseas with migrating intentions?
1. She is travelling to USA with her own child obtaining Visa for her child also.
2. It is not a criminal case as per Indian law.
3. She can take her child out of the Country unless restricted by Court order in the background that her husband also stays in the USA.
4. As per Indian law, biological father's written consent is required for adopting a child by another person.
Yes. offence of kids and abduction is made out
She took the child to US with the intention of seeking Asylum in a foreign nation without the knowledge of the father, how come its not a criminal offence in india?
Asshole don't you read the answers? I have clearly stated it's an offence in India. Offence of kidnapping
Asshole did you also not read another answer given by another competitive advocate above who says its not an offence?
1. There is no section mentioned in the IPC of India against the said act of taking away the child abroad for any purpose.
2. All criminal offences committed in India has been described in the said IPC.
3. It will become an offence committed by her if there is a Court Order passed by an Indian Court refraining her to take away her said child out of the Country.
In this portal, as decided by the Administrator, the answer given by one Advocate can not be seen by other Advocates to avoid copying the same and to ensure independent legal advices.
Mother can take her child abroad without permission if there are no other orders or restrictions in place.
it does not amount to child trafficking
no criminal offence can be registered against mother
There is no court order restraining mother from taking child abroad
hence it is not a criminal offence
It is not an offence
You can go abroad with your child.
But you can not alienate your child till he /she attains majority (Male 16 years. Female 18 yesrs ) from you either by adoption or by any other means without consent of your husband that is father of the child.
Valid alienation is giving in adoption only.
Valid adoption requires consent of both father and mother.
You will run a high risk of committing parental kidnapping of the child for alienation of the child without a valid adoption.
Now if you think obtaining consent of your husband is not possible for any valid reason you must obtain court permission for giving in adoption.
Be careful. Such matter should not be taken lightly because in such cases your husband may label the charges of kidnapping if his consent is not taken and no permission is obtained from court to this effect.
The mother cannot take the child abroad without the permission/knowledge/consent of the biological father especially with an intention to settle down in that country permanently.
The father can lodge a criminal complaint against the mother for this act and may follow it up through the embassy of the country situated in India.
However taking her own child abroad with her cannot be termed as child trafficking nor it can be an offence.
What is the purpose of seeking asylum in a foreign country.
Is she involved in any crime affecting national interest that she apprehends arrest because of which she is trying to seek asylum in a foreign country.
How do you say that she is fleeing the country for the purpose of seeking asylum in another country.
Do you have any evidence to prove that.
Taking her own child is not an offence.
Your language do not makes you deserve for anymore opinion or suggestions.